Wills & Trusts Law Reports | Summer 2022 #187W was the founder of WBL, an internationally renowned publisher of children’s books. In 1989 W instructed solicitors to create an employee trust (WBET) for WBL and transferred 51% of the WBL shares into WBET. The remainder of the shares were divided amongst family trusts established by W.
W died in 1991 and the shares in WBL held by the family trusts were distributed to employees and officers of WBL through a qualifying employee share ownership trust and a share incentive plan. Some of those shares were acquired from employees by the WBL Employee Share Ownership Plan (ESOP).
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Wills & Trusts Law Reports | Summer 2021 #183By a settlement dated 10 December 1959 (the settlement), John Christopher Druce (the settlor) settled property on discretionary trusts for the benefit of a class of beneficiaries defined as meaning ‘all the male descendants of the Settlor’s brothers and sisters… who are already in being or shall be born before the Vesting Day’. The settlement further provided that the trustees should hold the trust property, or such part thereof as shall not have been paid, transferred or applied under any trust or power therein contained upon trust, for such of the beneficiaries as wer...
Unsettled wills are not exempt from human rights considerations. Tim Crook and Alfred Gherson discuss Judges will utilise s3 HRA to interpret wills drafted before 2000 (when the HRA came into force) and which were drafted utilising legislation passed before 2000 in their consideration of how to interpret a will or trust. The Human Rights …
Continue reading "The Human Rights Act and wills: An unlikely but relevant pairing"
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The interests of illegitimate or adopted persons can be problematic when dealing with older settlements. Richard Dew explores an illuminating case An issue which all the beneficiaries and the trustees wished to be resolved in favour of the illegitimate child was resolved by means of a relatively straightforward appointment and application to court rather than …
Continue reading "Trusts: Keeping up with the times"
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Potential beneficiaries excluded from a will or trust may have a claim under human rights. Scott Taylor outlines recent case law ‘For the claimants to succeed they had to show not only that they were victims of an infringement of the European Convention of Human Rights but also that the Human Rights Act 1998 (HRA) …
Continue reading "Discrimination: Adopting a position"
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