Bathurst v Bathurst [2016] EWHC 3033 (Ch)

WTLR Issue: Summer 2017 #168

This was an application under the Variation of Trusts Act 1958 to change a provision relating to the appointment of new trustees of a settlement. Following the death of the settlor, the statutory power under s36 Trustee Act 1925 applies. The variation proposed was that for the future, the principal beneficiary for the time being should have the power to appoint need trustees, with the written consent of the trustees for the time being...

Pettigrew v Edwards [2017] EWHC 8 (Ch)

WTLR Issue: Summer 2017 #168

Veronica Edwards (the deceased) died on 2 April 2003, and her will was proved by the claimants (as her executors and trustees) (the trustees) in October 2003. Under the will, the deceased left her residuary estate to the trustees pay the income to her fourth husband (the defendant) for life, and subject thereto, to the First and Second Claimants (who were also her sons by her first marriage) in equal shares...

Adepoju v Akinola [2016] EWHC 3160 (Ch)

WTLR Issue: March 2017 #167

This is a claim relating to the estate of Medinat Bola Adepoju (the deceased) who died intestate in July 2015. The claimant is the daughter of the deceased and the defendant claimed to be a widower of the deceased.

While this was technically a probate claim, the issue between the parties in the short term was who should administer the estate...

Bainbridge v Bainbridge [2016] EWHC 898 (Ch)

WTLR Issue: July/August 2016 #161

The claimants, who were father and son, farmed together in partnership Seamer Grange Farm. They were advised to place this property in trust and that there would be no capital gains tax chargeable on the transfer. The first claimant, who held the legal title, transferred the partnership land to the trustees of a discretionary trust which was created by a trust deed dated 24 June 2011...

Haastrup v Okorie [2016] EWHC 12 (Ch)

WTLR Issue: June 2016 #160

This was an application to strike out, or alternatively, for summary judgment in relation to, a claim in relation to the estate of Captain Haastrup brought by the claimant.

Captain Haastrup died on 8 October 2012 in England. On 20 January 2014, the claimant obtained letters of administration in Nigeria...

Barclay v Smith [2016] EWHC 210 (Ch)

WTLR Issue: May 2016 #159

The claimants and first defendant were or had been trustees of a trust governed by a deed of trust. The trust assets had been transferred to the original trustees (the first to fourth claimants and the second defendant) upon their original appointment...

Jones v Longley [2015] EWHC 3362 (Ch)

WTLR Issue: March 2016 #157

On 30 July 2015 the court made an order under s50 of the Administration of Justice Act 1985 to remove the claimant (C) as co-executor of the deceased’s estate. The judgment involved no criticism of C. The result was to leave the first defendant (D1) as sole executor of the estate...

Preedy & anr v Dunne & ors [2015] EWHC 2713 (Ch)

WTLR Issue: December 2015 #155

This claim concerned a property. The freehold had belonged legally and beneficially to J who had run a business of a pub and restaurant from the property in partnership with her husband B. J died in 1997. On her death the property passed by her will to her executors and trustees, essentially for the benefit of B for his life and, subject to B’s interest, for J’s three children in equal shares (the will trust)...