Collins v Collins [2016] EWHC 1423 (Ch)

Wills & Trusts Law Reports | September 2016 #162

Anthony Collins (settlor) had three children by his marriage to Valerie Collins, namely Rachel who was born in 1989, Michael who was born in 1991 and Charley who was born in 1998 (children). The settlor was entitled to a whole life policy with Allied Dunbar (policy) and, during the course of divorce proceedings, gave an undertaking to the court to execute a declaration of trust in favour of the children on terms to be agreed between the parties. The settlor did not comply with the undertaking because he did not seek the agreement of Valerie Collins to the terms of any trust. Instead, by ...

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...

P v P [2015] EWCA Civ 447 On appeal from: [2015] WTLR 1 and [2014] EWHC 2990 (Fam)

Wills & Trusts Law Reports | July/August 2015 #151

A husband and wife met in 1999 and married in 2003. They had one child together, of primary school age at the time of the proceedings. In 2005 the husband and wife moved into a farmhouse owned by the husband’s parents. In 2009 the husband’s parents settled the farmhouse on a discretionary trust for the benefit of their children and remoter descendants. Subject to the power to appoint the capital and income to the discretionary beneficiaries, the farmhouse was held on trust to pay the income to the husband for life, and it was declared that the making of any land comprised wit...

Re Dion Investments Pty Ltd [2013] NSWSC 1941

Wills & Trusts Law Reports | October 2014 #143

The Dion Family Trust was set up by deed as a discretionary trust in Papua New Guinea in August 1973 when Papua New Guinea was an external territory of Australia. It contains the following clause:

’15 [all potential beneficiaries] or any of them may at any time with or without the consent of the Trustee by deed revoke all or any of the trusts hereby declared and declare other trusts of the settled property and income derived therefrom in favour of such person or persons the said [potential beneficiaries] or any of them shall in their absolute discretion determine with or wi...