Wills & Trusts Law Reports | Summer 2021 #183Mr Nodes (the deceased) passed away on 8 March 2019. The deceased’s estate included a large shareholding in a family company (the company). Each of the deceased’s wife and his former colleague (the claimant) also possessed small shareholdings in their own name. By his will, dated 22 October 2015, the deceased left his large shareholding in the company on trust for his wife for life, subject to an overriding power of appointment in favour either or both of his wife and his former colleague, allowing for an appointment of shares ‘up to such number… as shall when added to ...
Wills & Trusts Law Reports | Spring 2019 #174The claimants were the trustees of the trusts arising under the wills of Violet Hamblen-Thomas (Violet) and Charles Hamben-Thomas (Charles). They had issued a Part 8 claim form seeking the guidance of the court as to the true construction of the will trusts and as to the identification of the beneficiaries, represented by the defendants. Apart from her only son, Edwin Hamblen-Thomas (Edwin), Violet had a life-long friend, Enid Simpson, whose daughter was the first and second defendant (Victoria). Violet, by her will dated 16 December 1968 (Violet’s will), gave Charles a life interest in ...
Following the collapse of Carillion the vulnerability of some Tier 1 contractors and the choice of procurement structure has been put under the spotlight. Marcus Harling and Oliver Lowson consider some available procurement options ‘The key principle of design and build contracting is that the contractor accepts responsibility for all design, including the contents of …
Continue reading "Construction procurement options: It’s not just about the label"
This post is only available to members.
Marcus Harling and Tim Kittow explore the roles of the employer’s agent and the contract administrator under different forms of building contract, highlighting some key issues in particular with development transactions ‘In a JCT Design and Build contract the entirety of the employer’s agent’s role is one of acting as agent for the employer.’ An …
Continue reading "Construction contracts: Acting as certifier"
This post is only available to members.
Carillion laid bare the vulnerability of the sector and illusion of allocating all risk to a contractor. Procurement projects are changing, so how should the development sector adapt? Marcus Harling and Matthew Crossley investigate ‘It is not possible to ignore the impact of the failure of Carillion on the construction sector, and the wider ramifications …
Continue reading "Sector focus – construction: Structural change post-Carillion"
This post is only available to members.
Sally Goodger discusses a case which debated the circumstances in which a letter of wishes should form part of the will ‘All executors are potentially within the scope of s50 and if circumstances arise which impede the fulfilment of testamentary wishes, the court can exercise its statutory jurisdiction.’ Judge Russen QC handed down his judgment …
Continue reading "Construction: When a conflict of interest leads to court"
This post is only available to members.
Wills & Trusts Law Reports | Summer 2018 #172By a lifetime settlement dated 7 December 2005 two sisters settled property on trust as to income for their father during his lifetime and as to capital for themselves if living at the end of the trust period, or their issue if not. The trustees also had a power of appointment in favour of a class of beneficiaries which included the settlors.
However, clause 13 provided that “No discretion or power conferred on the Trustees or any other person by this Deed or by law shall be exercised, and no provision of this Deed shall operate directly or indirectly, so as to cause or permit any...
Wills & Trusts Law Reports | Spring 2018 #171By an Indenture dated 6 March 1925 (“Indenture”), Charles Harrison (“Settlor”) settled property on his only child, Jeannette Harrison (“Life Tenant”). By Clause 18(ii), the Life Tenant was given a testamentary power of appointment in the event of dying without issue in favour of nephews of nieces of the Settlor and/or their issue subject to a proviso that the Trust Fund or the shares thereof should be retained by the Trustees on such trusts and with and subject to such powers and provisions as would for the time being be applicable to a share appropriated by them to the object or objects...
Wills & Trusts Law Reports | Spring 2018 #171The claimants, the former wife of the deceased and their children by that
marriage, brought claims under the Inheritance (Provision for Family and Dependants)
Act 1975.
Following the breakdown of the marriage between the first claimant and the
deceased, in 2007 a consent order was made by the Principal Registry of the Family
Division disposing of the first claimant’s ancillary relief application. That order
provided, inter alia, that the deceased would pay £11,000 a year in respect of the
children of the marriage until they attained the age of 18 years or, ...
Sapna Garg examines a recent case on contractual interpretation ‘What can we take from this case? It is a trite point, but surely there is no clearer illustration of how failing to draft a contract clearly and unambiguously can land the parties in a lengthy and costly dispute.‘ At the start of a new business …
Continue reading "Construction: Dubious drafting"
This post is only available to members.
