Re J C Druce Settlement [2021] WTLR 597

Wills & Trusts Law Reports | Summer 2021 #183

By a settlement dated 10 December 1959 (the settlement), John Christopher Druce (the settlor) settled property on discretionary trusts for the benefit of a class of beneficiaries defined as meaning ‘all the male descendants of the Settlor’s brothers and sisters… who are already in being or shall be born before the Vesting Day’. The settlement further provided that the trustees should hold the trust property, or such part thereof as shall not have been paid, transferred or applied under any trust or power therein contained upon trust, for such of the beneficiaries as wer...

The Human Rights Act and wills: An unlikely but relevant pairing

Gherson | Trusts and Estates Law & Tax Journal | July/August 2021 #225
Unsettled wills are not exempt from human rights considerations. Tim Crook and Alfred Gherson discuss Judges will utilise s3 HRA to interpret wills drafted before 2000 (when the HRA came into force) and which were drafted utilising legislation passed before 2000 in their consideration of how to interpret a will or trust. The Human Rights …

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