Griffin v Higgs [2018] EWHC 2498 (Ch)

Wills & Trusts Law Reports | Summer 2019 #175

By her last Will and Codicils thereto Patricia Folkes appointed the First and Second Defendants, who were her solicitors, and the Third Defendant, who was her accountant, to act as executors (“Executors”). Her estate, which included a large house in substantial grounds called Stourton Hall and a holiday home at Pen-y-Graig, was left on discretionary trusts for the benefit of her three children and seven grandchildren. She also left a letter in which she said that her personal chattels at those properties had already been given to the Fourth Defendant, Constantine Folkes. She...

Trustees: Anticipating family fallout

Scott has valuable lessons about the removal of trustees, as Ashley Crossley and Imogen Buchan-Smith explain In the judge’s provisional view, an independent professional trustee should be appointed as an additional trustee to ensure that decisions would be taken in the interests of the beneficiaries as a whole. The case is both a reminder of …
This post is only available to members.

Trustees: Making the break

Penelope Reed QC and William East look at the removal of trustees ‘The exercise of the court’s jurisdiction to remove trustees is not dependent on some finding of misconduct or breach of trust; other conduct can also suffice provided that the continuance of the trustee would prevent the trusts being properly executed.’When faced with trustees …
This post is only available to members.