Re Buckton (No 2) [1907] 2 Ch 406

Ademption: Common sense prevails

Christopher McNall sets out the lessons from a rare case of ademption ‘Ademption is a process whereby specific testamentary gifts fail because the subject matter of the gift has ceased to be part of the testatrix‘s property at the time of their death.‘ The decision of Norris J, sitting in Manchester as the Vice-Chancellor of …

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Trusts: Do your homework

Nigel Sanders examines changes of trustees and protectors in contentious circumstances ‘The court held that the appointment of the new trustee and removal of the trustees were such closely linked decisions and exercises of the powers of appointment, that they stood and fell together.’Most modern trust instruments will contain provisions which grant certain individuals the …

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Chattels: Cutting the Gordian knot

Hannah Southon explores a judgment concerning a rarely used power of the court to direct the division of jointly-owned chattels ‘The case serves to underline the fact that if it is important to a donor who desires to dispose of assets by gifting them outright, rather than settling them on trust.’What relief is available from …

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Costs: Once more unto the breach

In Blades v Isaac [2016] the trust fund paid a high price for the trustees’ initial refusal to disclose accounts. Tamasin Perkins analyses the judgment ‘Costs do not always follow the event. Trustees (both lay and professional) can lose and lose badly and still not have to pay costs from their own funds. This can …

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Blades v Isaac [2016] EWHC 601 (Ch)

Wills & Trusts Law Reports | May 2016 #159

The claimant was a member of a class of objects of a discretionary trust created by the will of Valerie Mary Lee who died on 19 June 2013. The defendants, who were partners in Tanners Solicitors LLP, were the trustees (including the sole proving executor). The relationship between the claimant and her elder sister (who had been added to the class of potential beneficiaries after the death of their mother) was affected by a history of strains between members of the family. The first defendant proved the will on 28 January 2014 in relation to an estate valued at £903,574. The second defend...

National Westminster Bank v Lucas [2014] EWCA Civ 1632

Wills & Trusts Law Reports | May 2015 #149

Jimmy Savile died in October 2011. His will dated 24 July 2006 named NatWest as his executor and left the residue of his estate to the Jimmy Savile Charitable Trust (the trust) which he had created in 1984. Probate was obtained on 8 March 2012 with a net estate of £4.3m. The bank placed s27 Trustee Act adverts on 5 January 2012.

Following an ITV programme broadcast on 4 October 2012 accusing Mr Savile of being a serial sex offender, NatWest began to receive letters from potential claimants seeking compensation from the estate. NatWest quickly appreciated that the estate c...

Trust And Probate Claims: Counting the cost

Alexander Learmonth examines the effect of the Supreme Court’s decision on the costs of the claim for rectification of a will in Marley v Rawlings [2014] ‘When advising clients contemplating the risks of litigation, litigators should continue to adopt a cautious approach; clients must be ready to negotiate in good faith, rather than relying on …

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Green v Astor & ors [2013] EWHC 1857 (Ch)

Wills & Trusts Law Reports | November 2013 #134

The judgment concerned the costs of an application by the administratrix of the aforesaid estate (the Maitland Estate) pursuant to CPR, Part 64.2(a). Apart from two charities, there were six beneficiaries of the residuary estate under the will of the deceased. The first defendant, a beneficiary and formerly an executor, was the only of the defendants to oppose the application. The parties’ overall legal costs incurred up to and including the hearing were over £900,000, a staggering figure for an application of this kind, especially where the aspect of the estate in issue was worth ...

Singapore Airlines Ltd & anr v Buck Consultants Ltd [2011] EWCA Civ 1542

Wills & Trusts Law Reports | January/February 2013 #126

Singapore Airlines Ltd (SA) brought proceedings against Buck Consultants Ltd (BC) alleging negligence in the drafting by BC of a revised version of the rules of SA’s pension scheme (scheme). A preliminary issue was tried concerning the meaning of ‘earnings’ for the purposes of the scheme. That preliminary issue had to be resolved for the purposes of SA’s negligence claim against BC. However, BC had also been appointed by the court to represent the interests of the members of the scheme on the preliminary issue.

Four issues were appealed by SA. Only Issue 4 ...

Trustees: An emerging pragmatism

Emily Campbell looks at recent cases that help to define the role of trustees in litigation ‘There are two main types of claim in litigation concerning a trust: ‘external’ disputes and ‘internal’ disputes. A typical example of an external dispute is a negligence claim by trustees against the trust accountants. A typical example of an …

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