Short-Term Trusts: Time trials

Simrun Seehra looks at recent case law on rectification of a deed of variation ‘It is not always clear whether a variation results in property being held in trust for a period ending not more than two years after the death and drafting errors have been made which mistakenly define the length of a discretionary …
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Brooke & ors v Purton & ors [2014] EWHC 547 (Ch)

Wills & Trusts Law Reports | June 2014 #140

In 2009 Steven Huntley (the deceased) sought the advice of a solicitor in relation to wills and inheritance tax planning. At the date of his death, 11 March 2011, the deceased’s estate was valued at £6.9m, which was comprised of a 90% shareholding in an unquoted company (£5.4m), real estate, vintage cars and cash. The deceased’s estate was substantially similar in 2009.

The deceased had wanted to leave his estate equally between his partner, Louise, and his five children. He had expressed concerns to his solicitor about leaving substantial assets to his children outright and his s...