Property succession: A clear route map for foreign property inheritance by minors

A recent Family Court decision has valuable lessons for trust and estate practitioners dealing with foreign property inherited by a minor. Georgia Bedworth reports The decision in Re B makes clear that in English law, just as in civil law jurisdictions, the power to administer property on behalf of a child is an aspect of …
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Re C Trust [2021] WTLR 69

Wills & Trusts Law Reports | Spring 2021 #182

This was an application by P (a current trustee) to be appointed as sole trustee of the trust under s31(1) Trustee Act 1975 (Bermuda), and for liberty to manage the assets of the trust on the basis that it had been validly appointed as trustee by a deed dated 1 July 2015.

The trust was established by a deed dated 22 June 1965 between the settlor and the original trustee. It was a discretionary trust, with the beneficiaries including the settlor and his brothers then living or born at any time thereafter, subject to certain limitations in favour of the male line of descend...

Cotterell & anr v Allendale & anr [2020] WTLR 1183

Wills & Trusts Law Reports | Winter 2020 #181

The claimants as trustees of the Allendale 1949 Settlement applied to extend their administrative powers under s57 of the Trustee Act 1925 and the inherent jurisdiction of the court to include a power to re-appropriate assets between the various sub-funds comprised in the settlement, on the ground that they lacked the power under the settlement and it would be expedient for them to have such power in order to effect a certain tax mitigation strategy.

The claimants further applied for other administrative powers which they lacked to be conferred on them, even thou...

Lehtimäki & ors v Cooper [2020] WTLR 967

Wills & Trusts Law Reports | Autumn 2020 #180

H and C were two directors and trustees of a charitable company limited by guarantee. They, together with L, were the members of the company. In July 2015 H and C agreed that, subject to the approval of the Charity Commission or the court, C would resign as a director and member of the company and the company would make a grant of $360m to a charity founded by C.

Companies Act 2006, s217 provides that:

‘A company may not make a payment for loss of office to a director of the company unless the payment has been approved by a resolution of the members of ...

MN v OP & ors [2019] WTLR 941

Wills & Trusts Law Reports | Autumn 2019 #176

In a claim for the approval of an arrangement varying a trust under the Variation of Trusts Act 1958 (the 1958 Act), an application was made for an anonymity order restricting the naming of the parties and access to the court file relating to the claim and the publication of certain information. The judge dismissed the application but gave permission for an appeal. The appellant, who brought the claim, was settlor of a settlement (the settlement), which comprised very valuable assets divided into several funds, some of which were held on discretionary trusts and others ...

A & ors v K & ors [2019] WTLR 335

Wills & Trusts Law Reports | Summer 2019 #175


W, who died some years ago, established several settlements (referred to generally as ‘the General Family Trusts’), either directly or by trustees to whom he had provided funds. The value of the General Family Trusts was very substantial indeed. W had been married several times and had a large family. A representation was issued in respect of two of the General Family Trusts: the Y Trust and the Z Trust. The trustee companies of both of the trusts were amongst the respondents.

It had been W’s wish that after his death, in the administration of ...

Gelber & anr v The Sutherland Foundation & ors [2019] WTLR 29

Wills & Trusts Law Reports | Spring 2019 #174

The claimants and two of the defendants were all grandsons of the 11th Duke of Marlborough and beneficiaries of a settlement made on 13 October 1981. The trustees of the 1981 settlement are a Guernsey foundation and one of its council members. The foundation was not a trust corporation within the meaning of s68(18) Trustee Act 1925.

Amongst the trust assets were 166 acres of land at Woodstock, Oxfordshire which in 2018 was granted planning permission for residential development, subject to a condition that the trustees give a binding covenant to make a heritage contributi...

Variation: Keeping up-to-date

Mary Ashley looks at modernising trusts through variation ‘The court’s jurisdiction does not extend to allow for a resettlement of the trust – the court may only consent to arrangements which vary or revoke existing trusts.’ Once a trust is created, the trustees are effectively bound by the terms of it. At times, this can …
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Collins v Collins [2016] EWHC 1423 (Ch)

Wills & Trusts Law Reports | September 2016 #162

Anthony Collins (settlor) had three children by his marriage to Valerie Collins, namely Rachel who was born in 1989, Michael who was born in 1991 and Charley who was born in 1998 (children). The settlor was entitled to a whole life policy with Allied Dunbar (policy) and, during the course of divorce proceedings, gave an undertaking to the court to execute a declaration of trust in favour of the children on terms to be agreed between the parties. The settlor did not comply with the undertaking because he did not seek the agreement of Valerie Collins to the terms of any trust. Instead, by ...

Protectors: An awkward position

Hannah Southon highlights a case that provides new guidance on the status of protectors in English law ‘The onus is on the draftsman to ensure that protectors’ powers, duties and the constitution that governs them are thoughtfully crafted, although of course no such draftsman can widen the court’s jurisdiction in this respect.’There have been very …
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