Laird v Simcock & ors [2023] WTLR 1393

Wills & Trusts Law Reports | Winter 2023 #193

The deed was intended to appoint a life interest in the assets not attracting IHT relief to the deceased’s widow, the first defendant. The interest so appointed would then qualify for the spousal exemption. Due to the wording of the deed however it appointed an interest in all of the trust assets, not merely those which did not qualify for IHT relief.

The claim was issued for rectification of the deed. The claim was adjourned with directions at the first hearing, the Master expressing the view that the evidence was insufficient to sustain the rectification claim. Further evidence ...

Laird v Simcock & ors [2022] WTLR 1351

Wills & Trusts Law Reports | Winter 2022 #189

By his will, the late Robert Simcock created a trust over the sum of £200,000, under which his wife Catherine was to be the life tenant. Subject to that, the capital and income of that trust was to be held on the terms of a discretionary trust of residue also created by the will, the objects of which were Catherine, and Robert’s children and remoter issue.

Solicitors acting for the family determined that only a portion of Robert’s estate would benefit from Agricultural Property Relief (APR) and Business Property Relief (BPR), with the consequence that, absent an appointment from t...