Scott v Scott [2012] EWHC 2397 (Ch)

Wills & Trusts Law Reports | October 2012 #123

The claimant (Andrew) and the defendant (Martin) were brothers. They were the trustees of a trust created in 1991 by their mother (Elizabeth Scott). Andrew, Martin and Simon Jackson QC (a long standing friend of Elizabeth Scott) were the principal beneficiaries of the trust. There were other discretionary beneficiaries. Andrew had carried out the day to day administration of the trust since 2006.

The trust had formerly comprised a farm of 60 acres and a nursing home. Significant distributions were made. Andrew carried out significant works to a property known as the Barn, which wa...

Khan v Crossland

Wills & Trusts Law Reports | June 2012 #120

Dennis Griffiths (testator) died on 30 October 2008 leaving an estate worth about £430,000. By his last will, made nine years previously, the testator had appointed as his executors two partners in a firm of will writers known as ‘Will Drafters’ (respondents). The sole beneficiaries were the testator’s two stepchildren, Ruth Savidge and David Khan (applicant). The respondents initially proposed to charge 3-4% of the value of the estate to carry on its administration and the beneficiaries, who had already reached an informal agreement as to how to deal with the estate, i...

Probate: Jarndyce revisited

Khan v Crossland reveals flaws in the current method of passing over executors, as Michael O’Sullivan discusses ‘HHJ Behrens rejected the submission made by the defendants’ counsel that the executors needed to disentitle themselves to a grant before an order under s116 SCA could be made.’ The decision in Khan v Crossland was made by …
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Trustees: Making the break

Penelope Reed QC and William East look at the removal of trustees ‘The exercise of the court’s jurisdiction to remove trustees is not dependent on some finding of misconduct or breach of trust; other conduct can also suffice provided that the continuance of the trustee would prevent the trusts being properly executed.’When faced with trustees …
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Changes To The Will: When the testator’s choice prevails

Catherine Paget and Scott Taylor discuss removal of executors and trustees from an estate ‘An executor is not usually called upon to make important decisions; their role is essentially to determine the extent of an estate and to distribute it in accordance with the testator’s directions.’This case, decided in February 2010 by Mr Justice Newey, …
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