Hall & anr v HMRC [2023] WTLR 529
Wills & Trusts Law Reports | Summer 2023 #191Mrs Raboni, a widow, owned a freehold house in which she resided. As her health worsened, a friend, Mr Boggia, helped her and began to spend nights at the property. On 2 October 2004, Mrs Raboni passed away. Her will provided that her five nieces and nephews were the beneficiaries of her estate and that Mr Boggia was permitted to reside in the property during his lifetime without charge. It was not disputed that Mr Boggia resided in the property after Mrs Raboni’s death. The residuary beneficiaries were advised that there were insufficient funds in the estate to pay IHT unless the proper...
Hopes & anr v Burton & ors [2023] WTLR 187
Wills & Trusts Law Reports | Spring 2023 #190The claimant trustees sought to set aside two deeds of appointment dated 31 May 2013 and 22 July 2014 on the grounds of operative mistake, excess of powers or lack of proper consideration.
The trust was settled in 1992 when taking out a policy of life insurance, and provided that subject to and in default of any exercise of the trustees’ powers of appointment, the trust fund and its income was held absolutely for the ‘Immediate Beneficiaries’ as defined in the deed. The settlor died in 2004 but the trustees did not become aware of the policy until late 2012. The trustees discussed...
Bathurst v Chantler & ors [2018] WTLR 1207
Wills & Trusts Law Reports | Winter 2018 #170The claimant was the second wife and widow of the Earl Bathurst (Eighth Earl). The first to third defendants were the trustees of the Earl’s Fund (EFT) created under a statutory Codicil made on behalf of the Eighth Earl by the Court of Protection. The fourth to seventh defendants were the trustees of the Earl Bathurst 1963 estate settlement (settlement). When the Earl succeeded to his title in 1943, his inheritance included a large estate comprising 15,000 acres and a mansion house known as Cirencester Park. There were also chattels that included valuable works of art and collections of ...