Legg v Burton [2017] WTLR 1017

Wills & Trusts Law Reports | Autumn 2017 #169

The testatrix had two daughters, the first and second claimants. In July 2000, the testatrix and her husband made wills in favour of the survivor, and subject to that, in favour of the claimants in equal shares.

The husband died in May 2001. Between 2001 and 2004, the testatrix made 13 further wills. These progressively favoured the defendants (who were two of the grandsons of the testatrix and the partner of one of them), at the expense of the claimants. The last of these wills was made on 12 December 2014, when she made a further will under which the claimants took a legacy of £...

Butler & anr v Butler & anr [2016] EWHC 1793 (Ch)

Wills & Trusts Law Reports | November 2016 #164

The parties were siblings who jointly owned 502 items of 17th century Chinese porcelain gifted to them by their father between 1987 and 1993 (the Butler Family Collection (the BFC)).

In 2012 the defendants and their father formed a partnership to own and merchandise another 208 such items (formerly owned by their father).

After their father’s death disagreement arose as to what should become of the BFC. The claimants sought to have it distributed. The defendants wished to keep it in tact and made available for scholarly study and exhibition and to exploit certain items comm...

Trusts: Anything to declare?

Sheffield v Sheffield clarifies liability for historic breaches of trust. Douglas Rhodes explains ‘There could be no real doubt that the true effect of the 1983 declaration was deliberately concealed from the claimant, as the true effect of the declaration was never explained to him.’ At its core, the facts of Sheffield v Sheffield [2014] …
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