Paul Willan outlines a case which shows the importance of executors understanding to whom they owe their obligations The problem was that the executors were confusing their obligations to the estate with their obligations to the discretionary beneficiaries. Practitioners will be aware that family arguments are often the most difficult of cases, whether the context …
Continue reading "Probate: Pride and prejudice"
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Wills & Trusts Law Reports | Autumn 2021 #184The 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...
