Ralph v Ralph [2021] WTLR 1443

Wills & Trusts Law Reports | Winter 2021 #185

The claimant was the son of the defendant. The parties were the registered owners of a residential property. The property was purchased through a mortgage which was obtained using the claimant’s earnings. The defendant paid the balance of the purchase price meaning that the claimant made no contribution. The TR1 was signed by the transferors but not the claimant and defendant as transferees, but nevertheless contained a manuscript cross in Box 11 recording that ‘the transferees are to hold the property on trust for themselves as tenants in common in equal shares’. The claimant claimed a ...

Eade v Hogg & ors [2021] WTLR 507

Wills & Trusts Law Reports | Summer 2021 #183

Mr 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 ...

Kelly v Brennan & ors [2021] WTLR 613

Wills & Trusts Law Reports | Summer 2021 #183

C was a brother of the deceased (PK). He was the executor of PK’s will and also a beneficiary. Ds were the adult children of PK’s sister. PK’s will divided the residue into ten equal shares (including a share for each of PK’s sister’s children). C brought a claim under s20 Administration of Justice Act 1982 (AJA 1982) for rectification of the will so that the residue would instead be divided into six equal shares (with one share being shared between PK’s sister’s children). The claim was opposed by D3 and D4.

PK ...

Ware v Ware [2021] WTLR 725

Wills & Trusts Law Reports | Summer 2021 #183

The claimant’s father (the testator) died on 21 October 2003 leaving his half share in the matrimonial home and his residual estate to his wife, the defendant, absolutely. On 4 October 2005 the defendant varied those dispositions by a deed of variation which, for inheritance tax purposes, was read back to the date of the testator’s death. The deed of variation created two trusts: the property trust and the will trust.

The property trust held the testator’s half share in the matrimonial property on trust for the defendant for life, with the remainder to the claima...

Rectification: Which law applies?

Kelly v Brennan [2020] provides welcome guidance on whether the court can rectify a foreign will and on time limits. Josh Lewison explains ‘Rectification is often run in the alternative to a construction claim. Construction claims have no time limit, so that if the court were inflexible in granting time extensions, the temptation would be …
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ABC v KJL [2019] EWHC 2416 (Ch)

Wills & Trusts Law Reports | Winter 2019 #177

The claimants were the trustees of a number of trusts relating to an English estate, including a fund created by an appointment in 1978 (the T fund). The claim was for rectification or alternatively rescission of a deed of appointment made in 2010 relating to a sub-fund of the T fund. The defendant was the beneficiary of the relevant sub-fund. He did not oppose the claim. HMRC were aware of the proceedings but chose not to take part other than to request that certain authorities be considered by the court.

In 1930, the settlor had settled property on a strict settlement which incl...

David Roberts Art Foundation v Riedweg [2019] EWHC 1358 (Ch)

Wills & Trusts Law Reports | Autumn 2019 #176

The claimant was a registered charitable company and the owner of 15a and 37 Camden High Street, London, SW1 7JE (the property). In or around November 2016 the claimant’s directors decided to sell the property and instructed Robert Irving Burns (RIB) to market it. Following a targeted marketing campaign, the defendant made a formal bid to buy the property for £8,000,000. Heads of terms were agreed on 22 December 2016.

On 10 January 2017, the claimant instructed Mr Bryn Williams of DTZ Tie Leung Ltd (trading as Cushman & Wakefield) (CW) to prepare a report. A report was ...

Colorcon v Huckell & ors [2009] EWHC 979 (Ch)

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RBC v Stubbs [2017] EWHC 180 (Ch)

Wills & Trusts Law Reports | Winter 2018 #170

The claim was brought to rectify two deeds of revocation and appointment made in 2008 and 2014, or alternatively to rescind them on the grounds of mistake.

Each of the settlor’s adult children had an interest in possession in a one sixth share of the trust fund. In 2004, in order to ensure that no inheritance tax was payable upon their one sixth share of the trust fund as a result of their deaths, the trustees appointed successive life interests for the spouses of two of these children, Michael and Joanna. Unfortunately, both Michael and Joanna’s marriages ended in divorce. The tr...

Lee v Lee [2018] EWHC 149 (Ch)

Wills & Trusts Law Reports | Spring 2018 #171


In October 2002 the testator (T) and the first claimant (C1) bought Little Hendra Farm, Looe, Cornwall (the farm). They purchased as joint tenants. The farm consisted of a bungalow and some fields, within three registered titles. Title X included Village Field and Title Y included the Bungalow and Borehole and Church Fields. In fact, Title Z was the subject of a conveyancing mix-up, which was discovered later and resolved in 2008 by a transfer of the title, using form TR1, to T and C1 expressly as ‘joint tenants’.

In 2007, T and C1 made wills in substantially similar ...