Wills & Trusts Law Reports | Winter 2022 #189In 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...
Wills & Trusts Law Reports | Autumn 2021 #184A testatrix (T) left the residue of her estate (the trust fund) on trust to be divided into four equal shares, directing that one of them (the share fund) be held upon discretionary trusts for the benefit of her son, B, and his children and remoter issue. The other three shares were given to her other three children absolutely. The will trustees (who were the executrix of T’s will and another person appointed by her as a co-trustee) sought the approval of the court for a proposed appointment of all of the liquid funds in the share fund to B absolutely. The judge refused to approve the pr...
Gareth Thomas considers the refusal of Beddoe relief in a case with circumstances that will be familiar to practitioners ‘This is a useful decision for practitioners addressing a common factual scenario of adult beneficiaries having fallen into dispute over alleged estate assets, the procuring of which would, without a derivative claim, be the responsibility of …
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Wills & Trusts Law Reports | Summer 2018 #172The Trustee of a Cayman Islands trust (“the A Trust”) applied for Beddoe relief seeking directions permitting it to defend English proceedings, alleging misrepresentation and deceit, to which it had been joined as a defendant; and, in so doing, permitting it to borrow funds from another trust (“the C Trust”) to discharge the costs of defending the action, such costs to be ultimately reimbursed from the A Trust’s assets. An adverse judgement in the English proceedings in favour of the plaintiffs in the English proceedings (“Z”) would likely result in the complete loss of the A Trust’s onl...
