Paul Willan outlines a case which shows the importance of executors understanding to whom they owe their obligations The problem was that the executors were confusing their obligations to the estate with their obligations to the discretionary beneficiaries. Practitioners will be aware that family arguments are often the most difficult of cases, whether the context …
Continue reading "Probate: Pride and prejudice"
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Wills & Trusts Law Reports | Autumn 2021 #184The testatrix (T), whose husband predeceased her, was survived by her four children, B1, B2, B3 and B4. T had appointed B3 and the partners of a solicitor firm as the executors of her will. She left the residue of her estate on trust to be divided into four equal shares: one for the benefit of each of B1, B2 and B3, and the fourth upon discretionary trusts, which included a wide power of appointment, for the benefit of B4 and his children and remoter issue. At the time of the hearing, B4 had three adult children and one minor grandchild. T died in 2010 and probate of her will was granted...
Wills & Trusts Law Reports | Winter 2020 #181Leonard Dunthorn (Mr Dunthorn) died in 2018, leaving a will pursuant to which the residue of his estate, after a pecuniary legacy, was to pass to his sister Ruby Watts (Mrs Watts), provided she survived him by 28 days. If she did not do so, the residue was to be divided between ten named charities. Mrs Watts survived Mr Dunthorn by more than 28 days and became entitled to his residue. She in turn passed away in 2019, leaving a will which left her residue (after a number of pecuniary legacies) to 11 named charities, the first ten of which were those charities that had been named in Mr Dun...
