C v C [2015] EWHC 2699 (Ch)

March 2016 #157

The claimant applied under the Variation of Trusts Act 1958 to vary the trusts of four family settlements and for the compromise of an issue as to the validity of the two most recent of those settlements. Three of the settlements, one made in 1932 and two in 1996, were governed by English law. The fourth settlement, made in 1950, was governed by Kenyan law. The 1932 and 1950 settlements were made by the first defendant’s late father. The 1996 settlements were discretionary settlements made by the first defendant.

The claimant and defendants were each trustees and/or...

Re Harte [2015] EWHC 2351

December 2015 #155

By her will dated 10 November 2009 the deceased was expressed to give ‘all my personal property of whatsoever and wheresoever situated to my trustees on the following trusts:

3.1 To pay my just debts, funeral and testamentary expenses.

3.2 For Patrick absolutely.

3.3 Provided that if Patrick should not survive me, then my Trustees shall hold my residuary estate as follows:

4.1 as to one tenth to Douglas Victor Harris

4.2 as to one part to Michael Harris

4.3 as to one part to Pamela Ellen How

4.4 as to one part to Sybil Maisie Wickens...

Wilby v Rigby [2015] EWHC 2394 (Ch)

December 2015 #155

This was an application to remove Mr Ian Rigby (Ian) as administrator of the estate of Sybil Rigby. Sybil Rigby died on 30 November 2011, leaving two adult children, Ian Rigby and Janice Wilby (Janice). By her will dated 8 February 2001 Sybil Rigby appointed Janice and Ian to be her executors and trustees and gave the residue of the estate to Ian and Janice in equal shares. The value of the net estate was £271,134. The estate contained Sybil Rigby’s home (the property), which represented more than half the value in the estate

Janice initially agreed that Ian could administer...