Wills & Trusts Law Reports | Winter 2022 #189The late Hartar Singh Sangha (Mr Sangha) died on 3 September 2016, leaving a complex family life and a large portfolio of property and other assets in both the UK and India. He had made a large number of wills at various times. The interaction of these instruments produced significant disputes among his family members. Mr Sangha had at some times during his life regarded himself as married to the first respondent (Diljit). At other points, he regarded himself as married to the appellant (Jaswinder).
Four wills made by Mr Sangha were placed before the court. These were as follows:<...
Wills & Trusts Law Reports | Summer 2022 #187Mr Bracey passed away on 27 May 2018, leaving a will dated 31 July 2015. Under that will, Mr Bracey appointed the second defendant as his executrix and trustee. The grant of probate issued on 16 March 2020 to the second defendant. Mr Bracey had been predeceased by his wife, who, like Mr Bracey himself, had been unwell at the time at which Mr Bracey had executed his will. The case related to a dispute between Mr Bracey’s son (the claimant) and his daughter (the first defendant) concerning the proper construction of the will and whether it should be rectified.
The first issue was wh...
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).
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Wills & Trusts Law Reports | Summer 2022 #187By a trust instrument dated 29 April 1986 (the 1986 deed), Stephenson Clarke Shipping Ltd, a subsidiary of Powell Duffryn plc and member of the Powell Duffryn group of companies (the PD Group), as the named settlor, settled cash and securities on a discretionary trust for the benefit of employees and former employees of the PD Group (the trust). The trust defined the beneficiaries as ‘the employees and their spouses and dependants and the former employees and their spouses from time to time during the trust period [being the period expiring eighty years from the date of the trust] of the...
Kevin Kennedy and Justine Reid analyse a case that outlines the steps taken for interpreting a will as well as the scope of the Administration of Justice Act 1982 The issue for the court was whether a solicitor copying and pasting a clause from a precedent bank that did not reflect the testator’s intention, and …
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Wills & Trusts Law Reports | Spring 2022 #186The first defendant was an executor and trustee of the will dated 28 June 2001 (the will) of Gladys Dulcie Townsend (the deceased), who died on 1 July 2003 leaving property both in England and Wales and in Dominica. Probate of the will was granted to the first defendant and a solicitor out of the Winchester Probate Registry on 2 December 2004. The claimant, who was a residuary beneficiary under the will, brought a claim seeking the removal and replacement of the executors in December 2015. An order removing the first defendant by consent was made on 2 June 2016. The first defendant, who ...
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...
Wills & Trusts Law Reports | Winter 2021 #185By her will dated 27 June 2016 (the will) Audrey Thelma Anita Arkell (the testatrix) appointed the defendants as executors and gave a nil-rate band legacy, defined as the largest sum of cash which could be given without any inheritance tax becoming due on the transfer of value deemed to be made immediately before her death, to the first defendant. The testatrix then gave to the first defendant a specific devise, a specific bequest and her personal chattels free of tax. Pecuniary legacies were also given free of tax to other legatees and the net residuary estate was divided between the cl...
Interpreting wills is not a question of dictionary definitions. Elis Gomer examines a case that underscores this principle It is unhelpful to stick too dogmatically to the ‘dictionary’ meaning of a word or term when there is a likelihood that it is being used – for whatever reason – in an unconventional way. The recent …
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