Hanspaul & anr v Ward & ors [2019] WTLR 609

Summer 2019 #175

The claimants had applied to remove the 1st to 5th defendants as trustees, and the 6th defendant as protector, of a settlement which owned shares in the family company, and for a relief as to the disputed issue of preference shares in the company. The preference shares question was settled during the trial of a preliminary issue, on terms that the claimants’ costs were paid. The trustees and protector all resigned before trial of the removal application. The claimants applied for their costs on the basis that they had achieved the result they sought. The 1st to 4th defendants contended t...

Bhusate v Patel & ors WTLR(w) 2019-03

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South Downs Trustees Ltd v GH [2018] WTLR 673

Summer 2018 #172

The claimant was the trustee of an employment benefit trust (the EBT). The trustee had an interest in a company that owned and controlled a business (the utility). The beneficiaries of the EBT were the former and current employees of the utility and other group companies and their dependants. The trustee entered into a sale and purchase agreement for the sale of the EBT’s interest in the company, conditional upon certain relief from the court. Following the sale, there would be a distribution of the trust property amongst various beneficiaries.

Held

The fol...

Henchley & ors v Thompson [2018] WTLR 1289

Winter 2018 #170

The claimants were the beneficiaries of two trusts created by the late WCC Henchley (‘Settlor’). The NE Henchley Trust (‘First Trust’), dated 1 September 1960, provided for the trust assets to be held upon trust for the Settlor’s wife for life or until remarriage with remainder for such of his children as were then living and if more than one in equal shares. The trust assets, which once included bank accounts and a portfolio of investments, now consisted of the residence of the Settlor’s wife at 395 Cockfosters Road, Whaddon Lodge (‘Property’). By a Deed of Appointment dated 20 November...

A & ors v D & ors [2017] EWHC 2222 (Ch)

Autumn 2017 #169

A & B were the current trustees of a settlement known as the Children’s Trust dated 21 March 2000. They were, with C, the current trustees of a settlement known as the M Trust dated 7 December 2004 (together the ‘Settlements’). A was the settlor of the settlements. D, E & F were his three minor children. G was joined in as a person appointed to represent a class of unborn beneficiaries. The settlements were drafted to qualify as accumulation and maintenance trusts within the requirements of Section 71 of the Inheritance Tax Act 1984 (‘1984 Act’). Both made provision for a class o...

Baker & anr v Dunne & ors [2016] EWHC 2318 (Ch)

November 2016 #164

This case involved an application made by the claimants, as trustees of the will trust of the late Jean Montgomery, for Beddoe relief (‘the deceased’). The trustees seek Beddoe relief in respect of implementing an order for possession.

The defendants are the deceased’s three children who are equal beneficiaries under her will trust. The application was opposed by the first defendant, ‘Jonathan’, but supported by the second and third defendants.

The trustees had previously applied for an order for possession against Jonathan an...