Boothman & ors v Horsford & anr [2022] WTLR 1

Wills & Trusts Law Reports | Spring 2022 #186

The claim sought removal of the defendants as executors of the estate of James and Agatha Horsford, who were the parents of the claimants and defendants.

The mother had died in December 2011 and the father had died in January 2014. It was common ground that the father’s estate was not fully administered. The claimants said this was an unconscionable delay. It was also said that the defendants had not properly accounted for their executorship and there remained outstanding questions as to what constituted his estate and what had happened to the monies within it. The defendants were...

Re Cadogan [2021] WTLR 411

Wills & Trusts Law Reports | Summer 2021 #183

C and D1-D4 were the children of Mrs Veronica Cadogan (VC), who died in 2011. VC’s will left her residuary estate to them in equal shares. In 2013, C and D1 took letters of administration with the will annexed. They remained as administrators until they were replaced by D5 at the first case management hearing in the proceedings.

VC’s estate included 14 English properties. Following her death, each of C and D1-D4 had informally taken over or remained in control of one or more properties and either occupied or received rent from them. This continued during the period of ...

Mussell v Patience [2018] WTLR 579

Wills & Trusts Law Reports | Summer 2018 #172

The judgment in this matter focused on the correct test that the court should apply when deciding whether to strike an entry from an account.

The claimant executors sought:

(1) a declaration that final estate accounts were in order; and

(2) directions to administer the estate accordingly.

The defendants raised objections to the accounts prepared by the executors, and in particular objected to 26 entries relating to legal services. The defendants asserted that, as beneficiaries, they had a right to assess whether such legal charges were re...

Lewis & ors v Tamplin & ors [2018] WTLR 215

Wills & Trusts Law Reports | Spring 2018 #171

The claimants/applicants brought a part 8 claim, as beneficiaries of a trust of land in Glamorgan known as the Tamplin trust, for disclosure of documents and information by the defendant/respondent trustees. This claim was founded on the basis that the trustees owe a duty to account to the beneficiaries for their stewardship of the trust assets. They also made an application for pre-action disclosure; the court gave judgment on both matters.

The defendants opposed both the claim and the application on a number of grounds. Firstly, the beneficiaries had already received sufficient ...

The Royal National Lifeboat Institution & ors v Headley & anr [2016] EWHC 1948 (Ch)

Wills & Trusts Law Reports | October 2016 #163

Evelyn Irene Farmer (the deceased) died on 12 January 1996 leaving a will dated 10 August 1993 (the will). The claimants were five of the ten charitable remaindermen under the trusts created under the will. They took absolutely upon the deaths of the deceased’s son and daughter in law. The deceased’s son was deceased but the daughter in law was still alive, and consequently the claimants’ interests were yet to fall into possession. The defendants were the executors of the deceased’s estate.

In 2007, the defendants wrote to the claimants enclosing an interim...

Mason & ors v Coleman & ors [2007] EWHC 3149 (Ch)

Wills & Trusts Law Reports | June 2016 #160

The first claimant, Mr Mason, was the settlor of a number of settlements. The second to sixth claimants were the beneficiaries under those settlements. The first defendant, Mr Coleman, was a financial advisor in whose favour Mr Mason on 3 September 2000 executed an enduring power of attorney in wide terms. The defendants were between them the trustees of the various settlements.

On 23 December 2004 Mr Mason served notice on Mr Coleman revoking the enduring power of attorney. On 2 February 2005 Mr Mason wrote again to Mr Coleman seeking information regarding the settlements, includ...