The ‘without prejudice‘ rule: A sacred right?

Harcus Sinclair | Trusts and Estates Law & Tax Journal | April 2018 #195
The Royal Court of Guernsey has dismissed an application to admit privileged communications. Joseph de Lacey discusses ‘In order to test the decision-making process, D applied for disclosure of documents evidencing the decision and the decision-making process, permission to adduce expert evidence as to the trusts‘ value, and permission to cross-examine the trustees.‘ The Royal …

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Littlewood v Morley [2015] CHP 66

Wills & Trusts Law Reports | Summer 2017 #168

L applied pursuant to s8(1) of the Administration of Estates Act 1990 to remove M as her co-executor and co-trustee of the estate of their father. The beneficiaries of the estate were L (50 percent) and M’s two children (50 percent). The estate was modest including some personal chattels, a small bank account and a property worth circa £210,000.

M and his wife had issued a claim against the estate for £170,229, allegedly owed for nursing care provided to the deceased (the litigation).

L averred that M should be removed as trustee due to the ligation ...

Estate Administration: Put to rest?

Dawson Cornwell | Trusts and Estates Law & Tax Journal | March 2017 #184
Martin Beard and Zoe Fleetwood discuss the issues that can arise on disposal of a body and cryo-preservation ‘In Re JS the judge made clear it was not the role of the court to give directions for the disposal of the body, but rather to resolve disagreement about who might make the arrangements.’ Many will …

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Wills: Pub talk

Charles Russell Speechlys LLP | Trusts and Estates Law & Tax Journal | December 2016 #182
James Lister and Fenner Moeran QC analyse a case that demonstrates how a Beddoe order is applied in practice ‘The trustees were faced with a significant difficulty: how to realise the interests of the beneficiaries to divide the property equally between them when one of them was in occupation of the property to the exclusion …

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Asset Protection: Unauthorised access

Peter Steen and Bethan Byrne consider firewall legislation and analyse the continued conflict with the English Family Division ‘This article explores what chinks there are in the armour of offshore jurisdictions and considers how efforts are increasingly being made to sidestep the firewall rules.’ The current buzzwords of the offshore worlds are ‘transparency’ and ‘accountability’. …

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MF Global UK [2014] EWHC 2222 (Ch)

Wills & Trusts Law Reports | October 2015 # 153

MFGUK was part of the MF Global group which carried on business as broker-dealers in financial markets throughout the world. The group’s principal operations in London were carried on by MFGUK. It and other companies in the group entered insolvency proceedings in the United States and England on 31 October 2011. Administrators were appointed under the Investment Bank Special Administration Regulations 2011. MFGUM held funds in two different capacities – money for clients as trustee of the client money trust, and money beneficially on its own account. On their appointment, ...

National Westminster Bank v Lucas [2014] EWCA Civ 1632

Wills & Trusts Law Reports | May 2015 #149

Jimmy Savile died in October 2011. His will dated 24 July 2006 named NatWest as his executor and left the residue of his estate to the Jimmy Savile Charitable Trust (the trust) which he had created in 1984. Probate was obtained on 8 March 2012 with a net estate of £4.3m. The bank placed s27 Trustee Act adverts on 5 January 2012.

Following an ITV programme broadcast on 4 October 2012 accusing Mr Savile of being a serial sex offender, NatWest began to receive letters from potential claimants seeking compensation from the estate. NatWest quickly appreciated that the estate c...

Re Trusts (Guernsey) Law, 2007; the AAA Children’s Trust; the Trustees WTLR 683

Wills & Trusts Law Reports | May 2015 #149

The application concerned a trust, (the Children’s Trust) which, along with another trust (Trust 3), were discretionary trusts settled by the settlor for the benefit of his widow (R1), their children and their future issue. Trust 3 operated principally for the benefit of R1 and the Children’s Trust principally for the benefit of the children. The Children’s Trust had two protectors, P1, the settlor’s sister, and P2, the settlor’s business associate. The application was made by the trustees of the Children’s Trust (A1, A2 and A3 (the trustees)) to bless...

Tamlin & anor v Edgar & ors [2011] EWHC 3949 (Ch)

Wills & Trusts Law Reports | April 2015 #148

The claimants were trustees of a 1983 children’s trust, and a trust called the Lower Green Farm trust. The 1983 trust had been created by Anthony Samuel Edgar (the testator) in March 1983 for the benefit of his four children. The fund was divided in four equal shares, and each to be held for each child contingently upon attaining 25. The share was to be retained by the trustees on life interest trusts to pay the income to the child for life with a power to advance the capital of that share to him/her.

The Lower Green Farm trust had been made in the testator’s will of ...