Trustee Act 2000, s31 – Law Journals

Chopping v Cowan & anr [2023] WTLR 1237

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JUDGMENT MASTER MARSH; [1] This claim arises in connection with the estate of Terence Charles Robey who died on 2 July 2008. He left a will dated 6 December 2007 under which the Claimant, his daughter, was the beneficiary of the residue of his estate. The defendants were nominated as the deceased’s executors and probate …

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Kekwick v Kekwick & anr [2023] WTLR 579

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JUDGMENT CAROLINE SHEA KC: Background [1] The Claimant (to whom I shall refer to by his first name, James, in order to avoid confusion with the First Defendant who bears the same surname) is the beneficiary under a trust (‘the Trust’) settled by his late mother Joan Kekwick (‘Joan’) on 29 April 1985 pursuant to …

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Dunbabin & ors v Dunbabin (costs) [2022] WTLR 935

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JUDGMENT HHJ PAUL MATTHEWS: [1] On 10 February 2022 I handed down my written judgment on this claim brought under part 8 of the Civil Procedure Rules in relation to issues which had arisen in the administration of the estates of Angela and John Dunbabin. The main issue related to the beneficial interests in the …

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Re Arpettaz Settlement [2021] WTLR 1171

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JUDGMENT THE DEPUTY BAILIFF: [1] By representation dated 17th March 2020 the Representor, (the Trustee), Trustee of the Arpettaz Settlement (the Trust) seeks the directions of the Court in respect of how it should conduct itself in the context of litigation extant before the English High Court. [2] We heard submissions in this matter on …

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Price v Saundry & anr [2020] WTLR 233

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JUDGEMENT Lady Justice Asplin: [1] This appeal is concerned with the circumstances in which a trustee is entitled to be indemnified from the trust fund in respect of costs incurred by her and awarded against her in litigation. [2] The issue arises in the context of a claim which was commenced by the Appellant, Mrs …

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Barclay v Smith [2016] EWHC 210 (Ch)

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MASTER MATTHEWS: [1] This is my judgment on a claim brought by claim form under CPR Part 8, issued on 9 December 2015. There was some urgency in the matter. Accordingly, having read the papers, on 7 January 2016 I heard Mr Tom Dumont of counsel, and made the order sought, stating that I would …

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Drakeford v Cotton & anr [2012] EWHC 1414 (Ch)

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Judgment Morgan J: [1] The three parties to this dispute are two sisters and a brother. They are the children of Mr Ernest Cotton and Mrs Mary Cotton. Ernest Cotton died on 7 February 2008, in his early 80s, and his wife, Mary Cotton, died on 7 August 2008, aged around 75. The three siblings …

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Oakhurst & ors v Blackstar (Isle of Man) Ltd & anr [2012] EWHC 1131 (Ch)

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Judgment Mr Justice Morgan: [1] On 22 November 2007 the first claimant, Oakhurst Property Developments (Lowndes Square No 2) Ltd, established a scheme which has been called the ‘Oakhurst Property Developments (Lowndes Square No 2) Ltd Employer Funded Retirement Benefit Scheme’ or ‘EFRBS’ for short. Under this scheme the trustee was Hillberry Trust Company Ltd. …

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