Cotterell & anr v Allendale & anr [2020] WTLR 1183

Wills & Trusts Law Reports | Winter 2020

The claimants as trustees of the Allendale 1949 Settlement applied to extend their administrative powers under s57 of the Trustee Act 1925 and the inherent jurisdiction of the court to include a power to re-appropriate assets between the various sub-funds comprised in the settlement, on the ground that they lacked the power under the settlement and it would be expedient for them to have such power in order to effect a certain tax mitigation strategy.

The claimants further applied for other administrative powers which they lacked to be conferred on them, even thou...

Caldicott & ors v Richards & anor [2020] EWHC 767 (Ch)

Wills & Trusts Law Reports | Autumn 2020 #180

Mr Caldicott is the son of the late Mrs Yvonne Caldicott, who died in November 2012. He, his wife and his adult son brought a claim against his sister, Mrs Pearson, and her co-executor Mrs Walker, as trustees of a discretionary will trust declared by their mother’s will. The beneficiaries of the trust were a closed class composed of the claimants and Mrs Pearson. Mrs Pearson and her co-trustee are private client solicitors and are now both partners in a firm specialising in that field.

Under the terms of the will Mrs Pearson was given a 50% interest in a family company, Wyvern Sec...

Hanspaul v Ward Case No: HC-2014-000054

Wills & Trusts Law Reports | Summer 2019 #175

The claimants had applied to remove the 1st to 5th defendants as trustees, and the 6th defendant as protector, of a settlement which owned shares in the family company, and for a relief as to the disputed issue of preference shares in the company. The preference shares question was settled during the trial of a preliminary issue, on terms that the claimants’ costs were paid. The trustees and protector all resigned before trial of the removal application. The claimants applied for their costs on the basis that they had achieved the result they sought. The 1st to 4th defendants contended t...

Jones & ors v Firkin-Flood & anor [2008] EWHC 2417 (Ch)

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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...

Davidson v Seelig [2016] EWHC 549 (Ch)

Wills & Trusts Law Reports | May 2016 #159

Two settlements known as the Manny and Brigitta Davidson settlements were established by Manny and Brigitta Davidson in 1967 upon broad discretionary trusts, with UK resident trustees. Manny and Brigitta had two children, Maxine and Gerald, born in 1958 and 1961 respectively. The settlements were in identical terms. There was an 80 year perpetuity period, and the appointed day was defined as three days before its expire. The specified class of discretionary beneficiaries included the settlors’ children and remoter issue, their spouses and other family members. Their combined value ...

Shergill & ors v Khaira & ors Neutral citation: [2014] UKSC 33

Wills & Trusts Law Reports | December 2014 #145

The case concerned Gurdwaras (Sikh temples) which were established under the discipline and headship of His Holiness Brahamgiani, revered 108 Sant Maharaj Baba Gian Singh Ji, the religious head of the abode of saints at Nirmal Kutia in the Indian village of Johal (the First Holy Saint). Responsibility for the management of the Gurdwaras was given by the First Holy Saint to various individuals (some described as trustees), with the First Holy Saint having the authority to change any trustee, management member and the whole management system at any time. Numerous documents relating to the ...