Case: Re Cameron (deceased) [1999] Ch 386

Smith & anr v Michelmores Trust Corporation Ltd & ors [2021] WTLR 1051

The testatrix (T), whose husband predeceased her, was survived by her four children, B1, B2, B3 and B4. T had appointed B3 and the partners of a solicitor firm as the executors of her will. She left the residue of her estate on trust to be divided into four equal shares: one for the benefit of each of B1, B2 and B3, and the fourth upon discretionary trusts, which included a wide power of appointment, for the benefit of B4 and his children and remoter issue. At the time of the hearing, B4 had three adult children and one minor grandchild. T died in 2010 and probate of her will was granted...

In the matter of Various Lasting Powers of Attorney [2019] WTLR 1443

In 15 separate applications under s23(1) Mental Capacity Act 2005 (MCA), the Public Guardian (PG) asked the court to determine the effect of language used in lasting powers of attorney which he was asked to register. Some were withdrawn, leaving 11. The common theme was that each instrument expressed an intention that the attorney use the donor ‘s assets to benefit someone other than the donor.

PS: Under the heading ‘Preferences ‘, the donor entered the words ‘The needs of [LS] before anyone else ‘. Under the heading ‘Instructions ‘, she entered the words ...

Smith & anor v Crawshay WTLR(w) 2019-12

Re Frost (dec’d) [2013] EWHC 435 (Ch)

Richard Frost (the deceased) died on 4 March 2008 leaving a will dated 26 September 2007 (the will). The will bequeaths the deceased’s residuary estate on trust as to one third for each of his daughters, Linda Aylen (Linda) and Susan Frost (Susan), one sixth to his son Andrew Frost (Andrew) and one twelfth to each of Andrew’s two children. The deceased’s only asset of significant value was his property in Lewisham. He sold this shortly after making the will and realised net proceeds of £353,480. He had at that time been living with Linda for several months and continued...