Burns v Bean & ors [2021] WTLR 795
Wills & Trusts Law Reports | Autumn 2021 #184Daisy Bean (Daisy) passed away on 19 July 2017. She had four children, but only three remaining alive at her death. She had a total of 73 descendants at the time of her death including her children, grandchildren, great-grandchildren and great-great-grandchildren. She left a will dated 2 November 2010 (the 2010 will). It provided ‘MY Trustees shall then distribute the balance remaining [ie the residuary estate]… equally among all my children who are alive at my death’. The issue falling to be determined was whether, on its proper construction, the will indicated an intention contrary to ...
Equiom (Isle of Man) Ltd & ors v Velarde & ors [2021] WTLR 855
Wills & Trusts Law Reports | Autumn 2021 #184The claimants were the trustees of a settlement settled by the deceased’s father. The defendants were the deceased’s three children. Under the terms of the settlement the deceased enjoyed a special power of appointment which could be exercised in respect of property described in the fund, whether by deeds revocable or irrevocable or by will or codicil. The deceased had exercised this power twice. First, by a deed of appointment in 1981, with effect from her death, the deceased appointed the fund between the three defendants. Second, by a deed of revocation in 1997, expressed to be supple...
Thomas v Thomas & ors [2021] WTLR 1091
Wills & Trusts Law Reports | Autumn 2021 #184Elizabeth Thomas (Elizabeth) passed away in 2018, leaving a will dated 30 September 2004. She was survived by her three sons, David, Owen and Gareth, and her 13 grandchildren.
Her will included, among others the following terms:
‘If my husband has [predeceased me]… I leave my property to be divided amongst my sons and their heirs. At present, these are as follows:… Sons — Owen, Gareth and David; their children are Owen/Fay; Gareth/Gwennan and Samuel and Raphael; David/Ellen Christie Thomas and Jens Rhys Thomas… ’
‘The proceeds fro...
Eade v Hogg & ors [2021] WTLR 507
Wills & Trusts Law Reports | Summer 2021 #183Mr Nodes (the deceased) passed away on 8 March 2019. The deceased’s estate included a large shareholding in a family company (the company). Each of the deceased’s wife and his former colleague (the claimant) also possessed small shareholdings in their own name. By his will, dated 22 October 2015, the deceased left his large shareholding in the company on trust for his wife for life, subject to an overriding power of appointment in favour either or both of his wife and his former colleague, allowing for an appointment of shares ‘up to such number… as shall when added to ...
Kelly v Brennan & ors [2021] WTLR 613
Wills & Trusts Law Reports | Summer 2021 #183C was a brother of the deceased (PK). He was the executor of PK’s will and also a beneficiary. Ds were the adult children of PK’s sister. PK’s will divided the residue into ten equal shares (including a share for each of PK’s sister’s children). C brought a claim under s20 Administration of Justice Act 1982 (AJA 1982) for rectification of the will so that the residue would instead be divided into six equal shares (with one share being shared between PK’s sister’s children). The claim was opposed by D3 and D4.
PK ...
Womble Bond Dickinson (Trust Corporation) Ltd & ors v Glenn & ors [2021] WTLR 737
Wills & Trusts Law Reports | Summer 2021 #183The trustees of a settlement sought directions as to whether they could advance capital to certain beneficiaries pursuant to their powers under s32 Trustee Act 1925, as varied by a clause of the trust deed, so as to bring the trust to an end. They sought a declaration as to whether the proposed advancements were within the power as a matter of construction, (ie whether there were beneficiaries with interests prior to those of the beneficiaries in whose favour the advancements were to be made, whose consent was required), and, presuming that they were within that power, the court...
Barrett v Hammond & ors [2021] WTLR 51
Wills & Trusts Law Reports | Spring 2021 #182Dr Robert Munroe Black (the ‘testator’) and his wife, Beatrice Maud Black, were a childless couple who made mirror wills dated 29 September 1998. These were professionally prepared by Lucas & Co, which was subsequently taken over by Simpson Millar. Subject to the payment of several pecuniary legacies, on the death of the survivor the wills directed the division of the residuary estate into 52 parts for the benefit of six named individuals as to six parts each and a number of charities as to two parts each.
The testator and his wife amended their wills by codicils dated 2 Augus...
H.M. Attorney General v Zedra Fiduciary Services (UK) Ltd & ors [2020] WTLR 1287
Wills & Trusts Law Reports | Winter 2020 #181In 1927 a partner (GF) in Barings Brothers & Co (Barings) transferred cash and securities of almost £500,000 (the National Fund) to Barings in anticipation of the execution of a deed of trust by Barings, which was executed on 9 January 1928 (the deed). Other donors, including Lord Dalziel, subsequently made further contributions to the National Fund. By clause 2 of the deed Barings held the National Fund as trustees upon trust to accumulate income and profits until the date fixed by the trustees as being the date when, either alone or together with other funds then available for the ...