Clyne v Conlon & ors [2021] WTLR 1231

Wills & Trusts Law Reports | Winter 2021 #185

By his will dated 8 March 2016 (the will) Patrick Conlon (the testator) appointed the claimant, who was his niece, and her sister as executrices and divided his net residuary estate equally between the claimant and his three sons, the defendants. Probate of the will was granted on 19 October 2018 in respect to a net estate of about £516,000. The claimant’s sister was removed as an executrix by an order dated 26 October 2020. The first defendant, who had previously been in business with his father, claimed to be beneficially entitled to one half of 168 Headstone Drive, Harrow and the whol...

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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Wills: Familiar farming saga

Fox v Jewell gives an indication of the appropriate procedure practitioners should follow when dealing with a multi-stranded claim. Malcolm Warner reports ‘In cases where there are proprietary estoppel claims mixed in with testamentary capacity and some long running history, then the overall context may inform the court’s view on any particular way the claim …
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Probate: Executors beware

Grant Crawford analyses Shovelar v Lane, which provides a salutary lesson for executors confronted with hostile proceedings ‘The fact that a party will be financially worse off by accepting a Part 36 offer cannot mean that it would be unjust to apply the penalties set out in that rule; it will almost invariably be the …
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