Wills & Trusts Law Reports | Summer 2020 #179The first claimant was the executor of the will of the late Laura Jeffreys. He and the second and third claimants were the trustees of the trusts declared by the will. The first to fifteenth defendants were the deceased’s nieces and nephews. The seventeenth defendant was appointed to represent the interests of the deceased’s unborn nieces and nephews of the whole blood. The claim against the sixteenth defendant was discontinued.
Clause 5 of the will created a discretionary trust. The beneficiaries of the trust were defined as the deceased’s son (who predeceased her), any issue of ...
Mark Pawlowski and James Brown examine the possibility of using the mechanism of a residuary legatee in order to enforce a trust for non-charitable purposes ‘If there are no beneficiaries with equitable interests in the trust assets, there is technically no one “in whose favour the court can decree specific performance”.’ As trust lawyers will …
Continue reading "Trusts: Enforcing private purpose trusts"
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