Continue reading "Trusts: After Marley"
Wills: Generation gain
Continue reading "Wills: Generation gain"
Public Trustee v Harrison [2018] WTLR 299
Wills & Trusts Law Reports | Spring 2018 #171By an Indenture dated 6 March 1925 (“Indenture”), Charles Harrison (“Settlor”) settled property on his only child, Jeannette Harrison (“Life Tenant”). By Clause 18(ii), the Life Tenant was given a testamentary power of appointment in the event of dying without issue in favour of nephews of nieces of the Settlor and/or their issue subject to a proviso that the Trust Fund or the shares thereof should be retained by the Trustees on such trusts and with and subject to such powers and provisions as would for the time being be applicable to a share appropriated by them to the object or objects...
Construction: Dubious drafting
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Trust deeds: Filling in the blanks
Continue reading "Trust deeds: Filling in the blanks"
Ong & ors v Ping [2018] WTLR 1365
Wills & Trusts Law Reports | Winter 2018 #170Morgan J had held that the late Lim Lie Hoa (Madam Lim) had until her death in 2009 held the house, its proceeds of sale and other rights relating to it upon the trusts of a settlement dated 14 December 1985 signed by her and by the appellant Ong Siauw Ping (Ping), her son.
Ping had opposed the claim that the house was held upon the declared or any trust. The only issues raised by the appeal were: (i) whether Madam Lim made a declaration of trust in respect of the house; and, if she did, (ii) whether it was ‘manifested and proved’ by the writing requirements of s53(1)(b) ...
Construction: Brick by brick
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Contract: Nohow or contrariwise
Continue reading "Contract: Nohow or contrariwise"
Trusts: When is a ‘trust’ not a trust?
Continue reading "Trusts: When is a ‘trust’ not a trust?"
Gorbunova v Estate of Boris Berezovsky & ors [2016] EWHC 1829 (Ch)
Wills & Trusts Law Reports | November 2016 #164B had been involved in litigation against A and the AP family (the litigation) from which he potentially stood to recover large sums of money. The claimant, G, was B’s long-term partner. In March 2012 the litigation deed was drawn up to reflect agreement between B and G regarding G’s entitlement to B’s assets (including the litigation). B subsequently lost his case against A and entered into settlement discussions with the AP family. The litigation agreement was a further document signed in September 2012 to reflect an agreement between B and G concerning her entitlement to any sums from...