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 | Autumn 2019 #176The claimant was the administrator of the estate of Nancy Elizabeth Brock (deceased) who executed a ‘homemade’ will on 22 April 2005. The first defendant was appointed as executrix. The first, third, fourth and fifth defendants were the adult children of the deceased to whom she had bequeathed ‘all the money’ immediately following a reference to the price of £100,000 to be paid for the deceased’s house at 6 Mildfield Estate, Pontypool which she had agreed to sell to the first defendant and her husband, the second defendant. In the event, the defendant later transferred the house to the f...
Wills & Trusts Law Reports | June 2016 #160This was an application to strike out, or alternatively, for summary judgment in relation to, a claim in relation to the estate of Captain Haastrup brought by the claimant.
Captain Haastrup died on 8 October 2012 in England. On 20 January 2014, the claimant obtained letters of administration in Nigeria. On 20 June 2014, these letters were resealed in Leeds District Probate Registry. It subsequently emerged that the claimant had been injuncted by the Nigerian court to restrain him from relying on the letters of administration or from ‘parading himself as in any way as the administr...
Wills & Trusts Law Reports | October 2014 #143Mr John Bayley settled property on trust on 17 November 1983. He died in 1987. The trust was established with the assistance of the settlor’s longstanding business associate and friend, Mr Derek Gray, who provided various services to the trust through the first defendant, SG Associates (SGA), a company of which he was a director. From 1998, Mr Gray was also director of a US company known as Clean Diesel Technologies (CDT), which developed, designed, marketed and licensed technologies and solutions for the reduction of emissions from combustion engines. He was also a director of SGA...
