Knipe v The British Racing Drivers’ Motor Sport Charity & ors [2020] WTLR 1333

Wills & Trusts Law Reports | Winter 2020 #181

By clause 8 of his will the deceased gave the residue of his estate to four institutions in various shares, including a gift in clause 8(a) of a 50% share of his residuary estate to ‘the British Racing Drivers Club Benevolent Fund’ and in clause 8(d) of a 10% share to ‘the Cancer Research Fund’.

There was no institution with the name of the British Racing Drivers Club Benevolent Fund. The second defendant, the British Racing Drivers’ Club, was a well-known unincorporated association, but not a registered charity. The only benevolent fund administered by the second defendant was th...

Newman v Clarke [2016] EWHC 2959 (Ch)

Wills & Trusts Law Reports | Summer 2017 #168

On 20 December 1996 the first defendant settled £150,000 on an accumulation and maintenance trust for the benefit of inter alia the second and third claimant (‘the settlement’). On 11 April 1997 a lease of a certain property was granted to the first defendant. This lease was capable of being enfranchised under the Leasehold Reform Act 1967 (‘the 1967 Act’) such as to enable the first defendant to obtain the freehold interest in the property. On 19 June 1997, the freehold reversion of the lease was sold to the original trustees of the Settlement. On 25 June 1997, t...

Guthrie v Morel & ors [2015] EWHC 3172 (Ch)

Wills & Trusts Law Reports | March 2016 #157

The claimant sought by way of summary judgment a declaration as to the true construction of a will or alternatively an order for rectification of the will pursuant to s20(1) of the Administration of Justice Act 1982.

The deceased died on 20 July 2011. His will took the form of a letter addressed to a solicitor. Both parties accepted that the document was a will and had been admitted to probate. One of the executors obtained a grant of probate on 23 August 2012.

The will contained a bequest in the following terms: ‘My property 87 Loma Del Rey, Alcadesa, Spa...

Dellal v Dellal & ors [2015] EWHC 907 (Fam)

Wills & Trusts Law Reports | September 2015 #152

The defendants applied for an order summarily terminating the claimant’s application for an order under s10 of the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) without trial.

J was a well-known, successful property dealer who died on 28 October 2012 worth a large fortune. The claimant (C) was his widow and had married J in 1997 following ten years’ cohabitation. They lived a high lifestyle. J had been married previously and had nine children; two children with C, four children from a previous marriage (D1, D2, D3 and D...