Kekwick v Kekwick & anr [2023] WTLR 579

Wills & Trusts Law Reports | Summer 2023 #191

The claimant’s mother settled a trust by way of a trust deed dated 29 April 1985. The trust was originally a discretionary trust with the claimant and his mother as trustees and a wide class of beneficiaries. The only asset of the trust was the family home in Surrey (the property). The trust was a discretionary trust during the claimant’s mother’s lifetime, with an absolute trust in favour of the claimant on her death. By a deed dated 30 June 2008, the first defendant (the claimant’s cousin) and the second defendant (a solicitor) were appointed as trustees.

The claimant’s mother d...

Hudson v Hathway [2023] WTLR 207

Wills & Trusts Law Reports | Spring 2023 #190

After Jayne Hathaway (JH) and Lee Hudson (LH) started a relationship in 1990, JH moved into LH’s home and became a joint owner. They had two sons together but did not marry. After selling their home, they bought another in joint names. In 2007 they sold that home and, with a mortgage, bought Picnic House in joint names. The mortgage payments were made from a joint bank account, into which the salaries of them both were paid. LH’s contributions towards the mortgage payments far exceeded those of JH.

In 2009, LH left JH and moved in with another woman, whom he later married. JH cont...

Sofer v SwissIndependent Trustees SA [2020] WTLR 1075

Wills & Trusts Law Reports | Autumn 2020 #180

The claimant was the intended beneficiary of the Puyol trust (the trust) which was created in discretionary form by Hyman Sofer (the settlor) in July 2006. The defendant was a professional trustee company based in Switzerland. The settlor was added as a ‘specified beneficiary’ while the claimant and other issue of the settlor became ‘general beneficiaries’. The trust included a power for the trustee to lend any money forming part of the trust assets to any beneficiary and there was a prohibition on the trustee paying any part of the capital to any beneficiary prior to the death of the se...

Caldicott & ors v Richards & anor [2020] WTLR 823

Wills & Trusts Law Reports | Autumn 2020 #180

Mr Caldicott is the son of the late Mrs Yvonne Caldicott, who died in November 2012. He, his wife and his adult son brought a claim against his sister, Mrs Pearson, and her co-executor Mrs Walker, as trustees of a discretionary will trust declared by their mother’s will. The beneficiaries of the trust were a closed class composed of the claimants and Mrs Pearson. Mrs Pearson and her co-trustee are private client solicitors and are now both partners in a firm specialising in that field.

Under the terms of the will Mrs Pearson was given a 50% interest in a family company, Wyvern Sec...