Re B [2022] WTLR 409

Wills & Trusts Law Reports | Summer 2022 #187

In 2013, B’s father died intestate in France leaving a French property. Under French law, the property passed to B and his adult sister in equal shares. Under French law, it is necessary for the heir to accept their succession to the French estate. As B was a minor (aged 17), he was not able to do so. If he lived in France the surviving parent would be able to accept the succession on B’s behalf, but because B was habitually resident in England the French court declined jurisdiction.

B’s mother made an application for a specific issue order under s8 of the Children Ac...

C v C [2015] EWHC 2699 (Ch)

Wills & Trusts Law Reports | March 2016 #157

The claimant applied under the Variation of Trusts Act 1958 to vary the trusts of four family settlements and for the compromise of an issue as to the validity of the two most recent of those settlements. Three of the settlements, one made in 1932 and two in 1996, were governed by English law. The fourth settlement, made in 1950, was governed by Kenyan law. The 1932 and 1950 settlements were made by the first defendant’s late father. The 1996 settlements were discretionary settlements made by the first defendant.

The claimant and defendants were each trustees and/or...