Bowser v Smith & anr [2023] WTLR 1207

Wills & Trusts Law Reports | Winter 2023 #193

The appellant solicitor applied under s50 Administration of Justice Act 1985 to remove his co-executor, the deceased’s widow. At a hearing before Bacon J the parties agreed by consent that both executors should be removed and replaced with an independent administrator, but could not agree on costs. The judge gave directions for written submissions to be exchanged, after which a decision was made on the papers without a hearing. The appellant was ordered to pay personally the respondent’s costs on the standard basis (with the balance paid out of the estate) and was deprived of hi...

Velutini Perez v Equiom Trust Corporation (UK) Ltd & anr [2023] WTLR 349

Wills & Trusts Law Reports | Spring 2023 #190

Ms Velutini, the claimant, was a 98-year-old woman with very considerable personal wealth, and without any spouse, children or immediate family. This case related to assets in which she was interested and which had been held within trust structures since about 2011, which were said to have a value of between US$30m and US$50m (the assets).

In April 2021, the BCV Foundations Trust (the BCVFT) was formally established in order to replace various trusts formerly in effect. The BCVFT was a revocable English law settlement. In November 2021, Ms Velutini revoked the BCVFT (the revocatio...

Fellner v Cleall [2022] WTLR 1271

Wills & Trusts Law Reports | Winter 2022 #189

The claimant was the daughter of the deceased. The defendant was said to have been in a relationship with the deceased. The deceased appointed the defendant along with two others as executors of his will. He also devised a freehold commercial property and £75,000 to the defendant. The residue of the estate was to be divided equally between the claimant and her two siblings. The claimant disputed the validity of the will.

On 6 May 2021, after a chain of correspondence, the claimant’s solicitors wrote to the defendant’s solicitors on an open basis setting out various detailed points...

Laird v Simcock & ors (costs) [2022] WTLR 1365

Wills & Trusts Law Reports | Winter 2022 #189

In an earlier judgment (p1351 of this edition), the court had dismissed the main claim seeking rectification of a deed of appointment made by the claimant and first defendant as executors and trustees of a will trust. The claimant’s position was that there should be no order as to costs, but the court should order that she be indemnified from the estate in respect of her costs. The claimant was neutral in respect of whether the court should order the defendants’ costs be paid out of the estate. The first defendant sought an order that the claimant pay her costs and submitted that the cla...