Dawson-Damer v Taylor Wessing LLP [2017] EWCA Civ 74

Wills & Trusts Law Reports | Spring 2018 #171

The appellants were beneficiaries of a number of Bahamian trusts; the respondent solicitors (‘TW’) act on behalf of the trustee of these trusts. On 4 August 2014, the appellants served a subject access request (‘SAR’) on TW, requesting disclosure of the personal data relating to the appellants held by TW as the solicitors for the trustee. The appellants were not satisfied by TW’s response to the SAR. They therefore applied to the court to exercise its discretion under s.7(9) of the Data Protection Act 1998 (‘DPA’), and grant a declaration that TW had not complied with t...

SA v Sixteen Defendants [2016] EWHC 3067 (Ch)

Wills & Trusts Law Reports | Summer 2018 #172

The claimant was the sole corporate trustee of a trust created by a deed of settlement dated 5 November 1963 and made by a settlor for the benefit of his four children and their respective spouses and descendants. The defendants were two of the settlor’s surviving children, the widows of two deceased children and descendants to the 
fourth generation. As a result of deeds of appointment made on 28 March 1979 and 
31 December 1982, each of the settlor’s four children became entitled to a life interest in their respective one-quarter shares of the trust fund, with reversionary life interes...

Pettigrew v Edwards [2017] EWHC 8 (Ch)

Wills & Trusts Law Reports | Summer 2017 #168

Veronica Edwards (the deceased) died on 2 April 2003, and her will was proved by the claimants (as her executors and trustees) (the trustees) in October 2003. Under the will, the deceased left her residuary estate to the trustees pay the income to her fourth husband (the defendant) for life, and subject thereto, to the First and Second Claimants (who were also her sons by her first marriage) in equal shares. The residuary estate was valued at £521,897.53, and it included a promissory note signed by the defendant to the deceased in the sum of £100,000. This represented the value of a loan...

Trustees: When to indemnify

Natasha Dzameh clarifies the circumstances in which Beddoe orders and protective cost orders can be used ‘The master explained that the risk of injustice could be removed by ensuring the costs risk of the third party claim fell onto the two capital beneficiaries for whose benefit the litigation continued.’The role of a trustee can be …
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Charities And Litigation: Be prepared

Michael Colledge and Chris Rowse advise charity trustees on best practice when faced with litigation ‘Charity trustees must act in the best interests of their charity, protect and secure its assets, and ensure that charity funds are expended in furtherance of the charity’s aims, principles that must guide any decision as to whether to engage …
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Wills: Pub talk

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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Costs: Once more unto the breach

In Blades v Isaac [2016] the trust fund paid a high price for the trustees’ initial refusal to disclose accounts. Tamasin Perkins analyses the judgment ‘Costs do not always follow the event. Trustees (both lay and professional) can lose and lose badly and still not have to pay costs from their own funds. This can …
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Trustees: Island exposure

Amanda Mochrie and Erin Trimble-Cregeen highlight how trustees can protect themselves from the consequences of an ‘insolvent’ trust ‘Trustees and their advisers would be well advised to review those trusts where they are a Guernsey trustee of a Jersey law trust and to consider changing the law of the trust.’ The recent judgment in the …
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National Westminster Bank plc v Lucas & ors [2014] EWHC 653 (Ch)

Wills & Trusts Law Reports | May 2014 #139

The television presenter Jimmy Savile (the deceased) died on 29 October 2011. His estate had an approximate value of £3.3m after the deduction of various expenses incurred by the date of this hearing. By his will, the deceased appointed National Westminster Bank plc (the bank) to act as his personal representative. The deceased’s will makes gifts to a number of individual beneficiaries, one of which was the fifth defendant, the deceased’s niece, who was appointed to represent the interests of these individual beneficiaries (the individual beneficiaries). Thereafter the deceas...

Robert Hugh Thomas Davies v Ian Watkins [2012] EWCA Civ 1570

Wills & Trusts Law Reports | March 2013 #127