Continue reading "Will construction: Context is key"
Goodrich & ors v AB & ors [2022] WTLR 525
Wills & Trusts Law Reports | Summer 2022 #187W was the founder of WBL, an internationally renowned publisher of children’s books. In 1989 W instructed solicitors to create an employee trust (WBET) for WBL and transferred 51% of the WBL shares into WBET. The remainder of the shares were divided amongst family trusts established by W.
W died in 1991 and the shares in WBL held by the family trusts were distributed to employees and officers of WBL through a qualifying employee share ownership trust and a share incentive plan. Some of those shares were acquired from employees by the WBL Employee Share Ownership Plan (ESOP).
<...Partington v Rossiter [2022] WTLR 257
Wills & Trusts Law Reports | Spring 2022 #186The deceased was domiciled in Russia and entitled to assets in Jersey. He made a will in the UK in 2013. He had initially prepared a draft himself, which defined his estate as his property, money and investments in the UK, and made specific legacies to his children in respect of his Jersey assets. The deceased’s solicitor advised him that the will did not need to refer to specific assets and it was redrafted. Clause 1 of the executed will stated ‘I confirm that this will only has effect in relation to my UK assets’. It divided the residuary estate equally between his children. The deceas...
Validity of statutory notices: ‘Reasonable recipient test’ trumps the strict approach
Guarantees: Demanding practices
Continue reading "Guarantees: Demanding practices"
Notification clauses: Warranty and peace
Continue reading "Notification clauses: Warranty and peace"
Contract: Take no notice
Continue reading "Contract: Take no notice"
Construction: Brick by brick
Continue reading "Construction: Brick by brick"
Brennan v Prior [2015] EWHC 3082 (Ch)
Wills & Trusts Law Reports | March 2016 #157The claimant and third to sixth defendants were beneficiaries under a will. The first and second defendants were the witnesses and executors of the will. The claimant unsuccessfully challenged the will with costs orders being made against the claimant in favour of the first and second defendants and the third to sixth defendants. As regards the third to sixth defendants’ costs the order provided that the costs (if not previously paid) should be payable out of what remained of the claimant’s pecuniary legacy after payment of the first and second defendants’ costs prior to the distribution...
Guthrie v Morel & ors [2015] EWHC 3172 (Ch)
Wills & Trusts Law Reports | March 2016 #157The claimant sought by way of summary judgment a declaration as to the true construction of a will or alternatively an order for rectification of the will pursuant to s20(1) of the Administration of Justice Act 1982.
The deceased died on 20 July 2011. His will took the form of a letter addressed to a solicitor. Both parties accepted that the document was a will and had been admitted to probate. One of the executors obtained a grant of probate on 23 August 2012.
The will contained a bequest in the following terms: ‘My property 87 Loma Del Rey, Alcadesa, Spa...