Savage v Savage [2024] WTLR 725

Wills & Trusts Law Reports | Summer 2024 #195

Three parcels of land known as Pleasant Rise and Pleasant Rise Farm were held on trust for the respondent and the four children of his late brother (the siblings, including the appellant). The respondent had a two-thirds interest in the largest parcel of land, a three-quarters interest in the second largest parcel of land, and a one-half interest in the smallest parcel of land. The remaining interests were held by the siblings. The properties included land upon which the appellant ran a business involving a campsite, a tennis court and other facilities.

An order for sale was sough...

A & ors v K & ors [2019] WTLR 335

Wills & Trusts Law Reports | Summer 2019 #175

Introduction

W, who died some years ago, established several settlements (referred to generally as ‘the General Family Trusts’), either directly or by trustees to whom he had provided funds. The value of the General Family Trusts was very substantial indeed. W had been married several times and had a large family. A representation was issued in respect of two of the General Family Trusts: the Y Trust and the Z Trust. The trustee companies of both of the trusts were amongst the respondents.

It had been W’s wish that after his death, in the administration of ...

ET v JP & ors [2018] WTLR 109

Wills & Trusts Law Reports | Spring 2018 #171

The adult beneficiaries of a trust had consented to a proposed variation of the trust. Since the variation affected the position of beneficiaries who were minors and unborn and unascertained beneficiaries, the approval of the court under s1 of the Variation of Trusts Act was required. One of the minor beneficiaries (X) was severely autistic and lacked capacity to consent.

Section 1(1)(a) of the Variation of Trusts Act 1958 provides that the court may approve an arrangement on behalf of any person who by reason of infancy or other incapacity is i...