Wills & Trusts Law Reports | Autumn 2019 #176The claimant was the administrator of the estate of Nancy Elizabeth Brock (deceased) who executed a ‘homemade’ will on 22 April 2005. The first defendant was appointed as executrix. The first, third, fourth and fifth defendants were the adult children of the deceased to whom she had bequeathed ‘all the money’ immediately following a reference to the price of £100,000 to be paid for the deceased’s house at 6 Mildfield Estate, Pontypool which she had agreed to sell to the first defendant and her husband, the second defendant. In the event, the defendant later transferred the house to the f...
Wills & Trusts Law Reports | Summer 2019 #175The 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...
Wills & Trusts Law Reports | Summer 2017 #168Veronica Edwards (the deceased) died on 2 April 2003, and her will was proved by the claimants (as her executors and trustees) (the trustees) in October 2003. Under the will, the deceased left her residuary estate to the trustees pay the income to her fourth husband (the defendant) for life, and subject thereto, to the First and Second Claimants (who were also her sons by her first marriage) in equal shares. The residuary estate was valued at £521,897.53, and it included a promissory note signed by the defendant to the deceased in the sum of £100,000. This represented the value of a loan...
Gillian Coumbe QC discusses a recent case where the New Zealand Supreme Court considered the principles governing disclosure of trust information to beneficiaries ‘There is no absolute right to any trust document. However, where the request is made by a close beneficiary for access to core documents such as the trust deed and accounts there …
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Wills & Trusts Law Reports | October 2016 #163Evelyn Irene Farmer (the deceased) died on 12 January 1996 leaving a will dated 10 August 1993 (the will). The claimants were five of the ten charitable remaindermen under the trusts created under the will. They took absolutely upon the deaths of the deceased’s son and daughter in law. The deceased’s son was deceased but the daughter in law was still alive, and consequently the claimants’ interests were yet to fall into possession. The defendants were the executors of the deceased’s estate.
In 2007, the defendants wrote to the claimants enclosing an interim...