Duke of Somerset v Fitzgerald & ors [2019] EWHC 726 (Ch)

Wills & Trusts Law Reports | Autumn 2019 #176

Shortly after he came of age, the 19th Duke of Somerset, claimant in this action, established a Settled Land Act settlement dated 30 September 1971 (the settlement). Under the terms of the settlement, the claimant was tenant for life and one of the trustees. The other trustees were independent professional trustees and were joined as first and second defendants. The rest of the defendants were all of the adult beneficiaries interested under the trusts of the settlement (all of whom supported the application), there being no existing minor beneficiaries nor any lacking capacity. ...

A v K [2017] JRC 100

Wills & Trusts Law Reports | Summer 2019 #175

Introduction

W, who died some years ago, established several settlements (referred to generally as ‘the General Family Trusts’), either directly or by trustees to whom he had provided funds. The value of the General Family Trusts was very substantial indeed. W had been married several times and had a large family. A representation was issued in respect of two of the General Family Trusts: the Y Trust and the Z Trust. The trustee companies of both of the trusts were amongst the respondents.

It had been W’s wish that after his death, in the administrati...

Allfrey v Allfrey & Ors [2015] EWHC 1717 (Ch)

Wills & Trusts Law Reports | September 2015 #152

By a deed dated 24 July 1986, the ninth defendant (D9) made an accumulation and maintenance trust for IHT purposes (the settlement) for the benefit of his children (a class which has now closed): the claimant (C), the sixth defendant (D6) and the eighth defendant (D8).

The settlement provide d an initial trust for C, D6 and D8 at 25 in equal shares with a provision that each child’s share should be retained and held on engrafted trusts which have since been superseded. There was also a wide power of appointment in favour of the children, their spouses and issue, subject to r...