Gestrust SA v Sixteen Defendants [2018] WTLR 421
Summer 2018 #172The 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...
Haastrup & anr v Haastrup & anr [2018] WTLR 445
Summer 2018 #172The second defendant company was the registered proprietor of property in England. It was dissolved in 2003, and the property was subsequently sold by the Crown as bona vacantia in July 2012. In October 2012 the deceased, who had been the sole shareholder and director of the second defendant, died. The first claimant claimed to be his widow and a beneficiary upon intestacy. The second claimant was the deceased’s son and beneficiary of a will. The first defendant claimed to be the son of the deceased, but paternity was disputed.
In 2013 the first defendant applied to resto...
Mussell v Patience [2018] WTLR 579
Summer 2018 #172The judgment in this matter focused on the correct test that the court should apply when deciding whether to strike an entry from an account.
The claimant executors sought:
(1) a declaration that final estate accounts were in order; and
(2) directions to administer the estate accordingly.
The defendants raised objections to the accounts prepared by the executors, and in particular objected to 26 entries relating to legal services. The defendants asserted that, as beneficiaries, they had a right to assess whether such legal charges were re...
English & ors v Keats & ors [2018] WTLR 91
Spring 2018 #171Deeds of appointment were signed by trustees in respect of three discretionary settlements on 8 March 1999 purporting to appoint interests in possession on the three children of the settlor. There were four trustees of each settlement. However, only three of the four trustees signed the deeds of appointment, rendering those appointments ineffective. This error was not discovered until after the death of the trustee, June Thunder (June), who had not signed the settlements.
The claimants were beneficiaries to whom interests in possession were purportedly appointed under the defecti...
ET v JP & ors [2018] WTLR 109
Spring 2018 #171The adult beneficiaries of a trust had consented to a proposed variation of the trust. Since the variation affected the position of beneficiaries who were minors and unborn and unascertained beneficiaries, the approval of the court under s1 of the Variation of Trusts Act was required. One of the minor beneficiaries (X) was severely autistic and lacked capacity to consent.
Section 1(1)(a) of the Variation of Trusts Act 1958 provides that the court may approve an arrangement on behalf of any person who by reason of infancy or other incapacity is i...
Keeling v Keeling & anr [2018] WTLR 173
Spring 2018 #171Ellen Exler died intestate at the age of 91 on 12 November 2012 (the Deceased). Her residuary estate passed on her intestacy to her surviving brothers, Stephen Keeling (Stephen), Frank Keeling (Frank), and to the children of her late sister, Lilian Walker, in equal 1/3 shares. Virtually the whole value of the estate was represented by the Deceased’s home, Hadley House. A grant of letters of administration was issued to Stephen alone on 22 March 2013. On 27 March 2013 Owen Kenny, solicitors instructed to act in the administration of the estate, wrote to the beneficiaries, other than Steph...
Lewis & ors v Tamplin & ors [2018] WTLR 215
Spring 2018 #171The claimants/applicants brought a part 8 claim, as beneficiaries of a trust of land in Glamorgan known as the Tamplin trust, for disclosure of documents and information by the defendant/respondent trustees. This claim was founded on the basis that the trustees owe a duty to account to the beneficiaries for their stewardship of the trust assets. They also made an application for pre-action disclosure; the court gave judgment on both matters.
The defendants opposed both the claim and the application on a number of grounds. Firstly, the beneficiaries had already received sufficient ...
Macmillan Cancer Support v Hayes & anr [2018] WTLR 243
Spring 2018 #171Peter Thomson and his wife, Sheila Mary Thomson, were a loving and devoted lifelong married couple who had no children. He was 84 and had recently been diagnosed with prostrate cancer and had a grossly enlarged aorta which could rupture at any time. She was aged 88 and, due to the severity of her dementia, had been consigned to live in a care home. They had both made similarly worded wills in favour of each other and, on the death of the survivor, for the benefit of charities and friends. According to the findings of fact made by the coroner, on 18 April 2015 Peter collected Sheila from ...
Public Trustee v Harrison [2018] WTLR 299
Spring 2018 #171By an Indenture dated 6 March 1925 (“Indenture”), Charles Harrison (“Settlor”) settled property on his only child, Jeannette Harrison (“Life Tenant”). By Clause 18(ii), the Life Tenant was given a testamentary power of appointment in the event of dying without issue in favour of nephews of nieces of the Settlor and/or their issue subject to a proviso that the Trust Fund or the shares thereof should be retained by the Trustees on such trusts and with and subject to such powers and provisions as would for the time being be applicable to a share appropriated by them to the object or objects...
Roberts & anr v Fresco [2018] WTLR 309
Spring 2018 #171The High Court was asked to determine, as a preliminary issue, whether a potential claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) by a surviving husband against his late wife’s estate abated on the death of the husband. The wife (Mrs Milbour) died on 5 January 2014, the husband (Mr Milbour) shortly thereafter on 20 October 2014. Mr Milbour did not bring a claim under the 1975 Act against Mrs Milbour’s estate during his lifetime.
The net value of Mrs Milbour’s estate was £16,776,054. By her will Mrs Milbour left...