Reading & anr v Reading & ors [2015] EWHC 946 (CH)

Wills & Trusts Law Reports | September 2015 #152

John Reading died on 6 July 2005. He left a will dated 30 January 2004. He was survived by his wife, Janet; his two children, Stuart and Sally; and his three stepchildren, Neil, Ruth and Robin Sedgwick.

Under the will, Mrs Reading and Richard Flack were appointed trustees of a nil-rate band discretionary trust. The clauses of the will setting out the trusts of the nil-rate band trust included the testator’s ‘issue’ in the beneficial class. There was provision for such issue to be born at the testator’s death or thereafter during the trust period. Mrs Reading and Mr Flack brought a...

Vaughan-Jones & anr v Vaughan-Jones & ors [2015] EWHC 1086 (Ch)

Wills & Trusts Law Reports | September 2015 #152

The claimants were the executors of the will of the deceased dated 8 September 2000 whereby his residuary estate passed to his widow and three sons in equal shares absolutely. The first defendant was the deceased’s widow and the first claimant and second and third defendants were his sons.

Under the will, inheritance tax would be payable on the estate in respect of land and farming assets which did not qualify for agricultural property or business property relief on the three quarters of the residuary estate which had passed to the deceased’s sons. The beneficiaries decided that t...

Kennedy & ors v Kennedy & ors [2014] EWHC 4129 (Ch)

Wills & Trusts Law Reports | June 2015 #150

The trustees of a settlement dated 16 December 2003 made by the first claimant, Brian Kennedy, (the settlement) sought an order to correct a mistake made in the terms of an appointment dated 1 October 2008 (the October 2008 appointment).

Under the terms of the settlement, of which Mr Kennedy was originally the sole trustee, Mr Kennedy had a life interest in possession. The settlement contained a power of appointment exercisable by the trustees in favour of Mr Kennedy, his children and remoter issue. In default of appointment, the capital was held on trust for Mr Kennedy’s children...

The Woodland Trust v Loring & ors [2014] EWCA Civ 1314

Wills & Trusts Law Reports | January/February 2015 #146

The Woodland Trust brought this appeal on the basis that the Chancery Court judge at first instance had not determined the construction of a will correctly. The matter involved the estate of Valerie Smith who died in 2011 leaving a will executed on 2 February 2001 which left her residuary estate (totalling £680,805), to her family (the respondents) and the Woodland Trust. The relevant clauses for construction were clauses 5 and 6. Clause 5 stated as follows:

‘MY TRUSTEES shall set aside out of my residuary estate assets or cash of an aggregate value equa...

Marley v Rawlings & anr [2014] WTLR 1511

Wills & Trusts Law Reports | November 2014 #144

Mr Rawlings (the deceased) and his wife Mrs Rawlings made mirror wills in 1999. Mrs Rawlings died in 2003 and her estate passed to her husband. However, upon the death of Mr Rawlings in 2006, it became apparent that the solicitor involved in the preparation of the wills had accidentally presented Mr and Mrs Rawlings with, and each had signed, the will intended for the other. The validity of the will was subsequently challenged by the deceased’s two sons, who were not entitled under the will but stood to inherit his £70,000 estate under the rules of intestacy. The Supreme Court held that ...

Rawstron & anr (executrices of the estate of Lucian Freud) v Freud [2014] EWHC 2577 (Ch)

Wills & Trusts Law Reports | October 2014 #143

Lucian Freud (the deceased) achieved international recognition as an outstanding painter and draughtsman, and he acquired considerable wealth over the course of his long and successful life. His final will was dated 10 May 2006 (the 2006 will), superseding his previous will of 25 June 2004 (the 2004 will). Both wills were professionally drafted. His residuary estate, after payment of legacies and inheritance tax, was estimated at around £42m.

The claim was brought by the claimants under CPR Part 8 in their capacity as executrices of the deceased’s final will. The first cl...

Brooke & ors v Purton & ors [2014] EWHC 547 (Ch)

Wills & Trusts Law Reports | June 2014 #140

In 2009 Steven Huntley (the deceased) sought the advice of a solicitor in relation to wills and inheritance tax planning. At the date of his death, 11 March 2011, the deceased’s estate was valued at £6.9m, which was comprised of a 90% shareholding in an unquoted company (£5.4m), real estate, vintage cars and cash. The deceased’s estate was substantially similar in 2009.

The deceased had wanted to leave his estate equally between his partner, Louise, and his five children. He had expressed concerns to his solicitor about leaving substantial assets to his children outright and his s...