Wills & Trusts Law Reports | Summer 2024 #195The issue before the court was costs in proceedings relating to the estate of Vincent William Cashinella (the testator), who died on 25 November 2019. By a will dated 30 May 1995 (the will) the testator appointed his wife, Olwen, and the first defendant, who was married to Olwen’s niece, as executors. The testator’s wife predeceased him and probate of the will was granted to the first defendant alone.
By a Part 8 claim dated 8 September 2022 (the claim), Olwen’s grandniece (the claimant) brought proceedings originally for:
- (1) an order removing the first defendant as ...
Timothy Sherwin looks at the rights of beneficiaries to an account Blades and Boothman suggest that the courts will be willing to permit derivative claims to advance in appropriate circumstances even where they have not been formally designated as derivative claims. A beneficiary has a right to an inventory and account from her executor. That …
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Wills & Trusts Law Reports | Winter 2020 #181The appeal arose in a dispute between husband and wife about the matrimonial property available for division.
After Mr and Mrs Webb were married in 2005, Mr Webb established two family trusts for the purpose of acquiring land and other assets in the Cook Islands (the Arorangi Trust and the Webb Family Trust).
The Arorangi Trust was established with Mr Webb as sole trustee, and Mr Webb and his son Sebastian as the two beneficiaries. The deed provided for a consultant to assist the trustee and for who could remove the trustee, request early vesting of the property and consent...
