Swan & ors v Gibbs & ors [2020] EWHC 1226 (Ch)

Autumn 2020 #180

Applications under the Variation of Trusts Act 1958 were made in respect of will trusts referred to as ‘the Baronetcy Trust’, under which property was held in two funds known as ‘James’s Fund’ and ‘James’s Children’s Fund’, and ‘the Lady Cayzer Will Trust’ in relation to property termed ‘the Molly & Lily Shares’. The primary beneficiaries of the relevant trusts were James Cayzer-Colvin and his two daughters, Molly (aka Mollie) and Lily. At the time of the applications James was 55, Mollie 24 and Lily 21. There were no minor beneficiaries of the trusts but persons unborn or u...

Re Wales [2020] EWHC 1979 (Ch)

Autumn 2020 #180

The deceased died on 17 February 2015 as a widower with no children. He left a will dated 22 December 2008. The claimants were his executors.

Clause 7 of the will left the residuary estate to ‘such all of my nephew’s and niece’s children’. At the date of his death, the deceased had two blood nephews and two blood nieces, and also three nephews by marriage and one niece by marriage. A further nephew by marriage had died in 1992 leaving a son. The claimants sought directions as to whether the gift was just to the nieces and nephews by blood, or whether it was also to the nieces and ...

Duke of Somerset v Fitzgerald & ors [2019] EWHC 726 (Ch)

Autumn 2019 #176

Shortly after he came of age, the 19th Duke of Somerset, claimant in this action, established a Settled Land Act settlement dated 30 September 1971 (the settlement). Under the terms of the settlement, the claimant was tenant for life and one of the trustees. The other trustees were independent professional trustees and were joined as first and second defendants. The rest of the defendants were all of the adult beneficiaries interested under the trusts of the settlement (all of whom supported the application), there being no existing minor beneficiaries nor any lacking capacity. ...

Tachi v Woodward [2018] EWHC 2519 (Ch)

Summer 2019 #175

The Claimant issued proceedings in October 2016 inviting the Court to pronounce against the will of the deceased dated 12 June 2007 and in favour of an earlier will dated 10 October 2006, which appointed the Claimant and one other as executors. The Defendant was the sole executor and beneficiary of the 2007 will. After the close of pleadings, directions were given and the matter listed for trial with a time estimate of 5 days, to commence on 5 November 2018.

On 6 March 2018 the Claimant invited the Defendant to consent to the deceased’s previous solicitors, Dixon Ward, bei...

Banfield v Campbell
 [2018] EWHC 1943 (Ch)

Autumn 2018 #173

The claimant was a cohabitant with the late Sarah Elizabeth Campbell (‘deceased’) at 3 Westville Road, Thames Ditton (‘property’). The deceased had previously been married to Neil Robert Campbell, with whom she had a son, the defendant. Mr Campbell died on 27 October 1992 and, a year or two later, a romantic relationship developed between the claimant and the deceased. In around 2001, the claimant moved into the property to live with the deceased though he continued to stay with his elderly mother for several days and nights each week until she died in 2010. The claimant’s relationship w...