Knipe v The British Racing Drivers’ Motor Sport Charity & ors [2020] WTLR 1333

Wills & Trusts Law Reports | Winter 2020 #181

By clause 8 of his will the deceased gave the residue of his estate to four institutions in various shares, including a gift in clause 8(a) of a 50% share of his residuary estate to ‘the British Racing Drivers Club Benevolent Fund’ and in clause 8(d) of a 10% share to ‘the Cancer Research Fund’.

There was no institution with the name of the British Racing Drivers Club Benevolent Fund. The second defendant, the British Racing Drivers’ Club, was a well-known unincorporated association, but not a registered charity. The only benevolent fund administered by the second defendant was th...

PTNZ v AS & ors [2020] WTLR 1423

Wills & Trusts Law Reports | Winter 2020 #181

In the course of the claimant’s application as trustee of four discretionary trusts in similar terms governed by English law for the blessing of momentous decisions, AS (the settlor and the original protector of the trusts) died.

The trusts had been varied soon after they were declared to expand the powers of the protector to give and withhold consent to the exercise of powers by the trustee. In the absence of a protector the trustee was free to exercise those powers without obtaining a third-party consent. The trusts were administered in Jersey on behalf of the claimant, a profes...

Re Wales [2020] WTLR 1121

Wills & Trusts Law Reports | Autumn 2020 #180

The deceased died on 17 February 2015 as a widower with no children. He left a will dated 22 December 2008. The claimants were his executors.

Clause 7 of the will left the residuary estate to ‘such all of my nephew’s and niece’s children’. At the date of his death, the deceased had two blood nephews and two blood nieces, and also three nephews by marriage and one niece by marriage. A further nephew by marriage had died in 1992 leaving a son. The claimants sought directions as to whether the gift was just to the nieces and nephews by blood, or whether it was also to the nieces and ...

Smith & anr v Stanley & ors [2020] WTLR 1059

Wills & Trusts Law Reports | Autumn 2020 #180

The testator died in March 2015. By his last will of 14 March 2015 (the will) the testator gave the sum of £4.2m (the legacy fund) to his trustees to be held upon trust to pay the income to his widow for life, subject to an overriding power of appointment in clause 4 of the will for the benefit of a class of discretionary beneficiaries including the testator’s sister. The testator left a letter of wishes for his trustees which indicated how he wanted his estate to be shared between the various members of the discretionary class. By clause 19 of the will the statutory power of advancement...

Bowack & ors v Saxton [2020] WTLR 777

Wills & Trusts Law Reports | Autumn 2020 #180

The claimants as respective settlor and trustees of two trusts of investment bonds sought declarations that the trusts had been completely constituted, or alternatively rectification so that such constitution has been properly made. The application was unopposed.

In 2013 the claimants (who were husband and wife) were advised by an independent financial adviser to purchase bonds issued by AXA (Isle of Man) Ltd, which on purchase would be settled on discretionary trusts for the benefit of a class of potential beneficiaries, including their only child, the defendant. The claimants we...

Jeffreys & ors v Scruton & ors [2020] WTLR 575

Wills & Trusts Law Reports | Summer 2020 #179

The first claimant was the executor of the will of the late Laura Jeffreys. He and the second and third claimants were the trustees of the trusts declared by the will. The first to fifteenth defendants were the deceased’s nieces and nephews. The seventeenth defendant was appointed to represent the interests of the deceased’s unborn nieces and nephews of the whole blood. The claim against the sixteenth defendant was discontinued.

Clause 5 of the will created a discretionary trust. The beneficiaries of the trust were defined as the deceased’s son (who predeceased her), any issue of ...

Dewar v Sheffield City Council & anr [2019] WTLR 495

Wills & Trusts Law Reports | Summer 2019 #175

Graves Park in Sheffield was held by the defendant council on a charitable trust governed by scheme made in 2009. Clause 4(2) of the scheme provided that the land subject to the scheme ‘must be retained by the trustee for use for the object of the charity’. Clause 10 of the scheme provided that “The Commission may decide any question put to it concerning: (1) The interpretation of this scheme; (2) The propriety or validity of anything done or intended to be done under it.”

Section 6, Trusts of Land and Appointment of Trustees Act 1996 provides that:

‘(1) For ...

Macintyre & anr v Oliver & ors [2019] WTLR 215

Wills & Trusts Law Reports | Spring 2019 #174

The claimants were the trustees of the trusts arising under the wills of Violet Hamblen-Thomas (Violet) and Charles Hamben-Thomas (Charles). They had issued a Part 8 claim form seeking the guidance of the court as to the true construction of the will trusts and as to the identification of the beneficiaries, represented by the defendants. Apart from her only son, Edwin Hamblen-Thomas (Edwin), Violet had a life-long friend, Enid Simpson, whose daughter was the first and second defendant (Victoria). Violet, by her will dated 16 December 1968 (Violet’s will), gave Charles a life interest in ...

Tish & ors v Olley & ors [2018] WTLR 327

Wills & Trusts Law Reports | Spring 2018 #171

The claimants, the former wife of the deceased and their children by that 
marriage, brought claims under the Inheritance (Provision for Family and Dependants) 
Act 1975.

Following the breakdown of the marriage between the first claimant and the 
deceased, in 2007 a consent order was made by the Principal Registry of the Family 
Division disposing of the first claimant’s ancillary relief application. That order 
provided, inter alia, that the deceased would pay £11,000 a year in respect of the 
children of the marriage until they attained the age of 18 years or, ...

Bathurst v Chantler & ors [2018] WTLR 1207

Wills & Trusts Law Reports | Winter 2018 #170

The claimant was the second wife and widow of the Earl Bathurst (Eighth Earl). The first to third defendants were the trustees of the Earl’s Fund (EFT) created under a statutory Codicil made on behalf of the Eighth Earl by the Court of Protection. The fourth to seventh defendants were the trustees of the Earl Bathurst 1963 estate settlement (settlement). When the Earl succeeded to his title in 1943, his inheritance included a large estate comprising 15,000 acres and a mansion house known as Cirencester Park. There were also chattels that included valuable works of art and collections of ...