Re J C Druce Settlement [2021] WTLR 597

Wills & Trusts Law Reports | Summer 2021 #183

By a settlement dated 10 December 1959 (the settlement), John Christopher Druce (the settlor) settled property on discretionary trusts for the benefit of a class of beneficiaries defined as meaning ‘all the male descendants of the Settlor’s brothers and sisters… who are already in being or shall be born before the Vesting Day’. The settlement further provided that the trustees should hold the trust property, or such part thereof as shall not have been paid, transferred or applied under any trust or power therein contained upon trust, for such of the beneficiaries as wer...

Hand & anr v George & anr [2017] EWHC 533 (Ch)

Wills & Trusts Law Reports | Summer 2017 #168

By his will dated 6 May 1946 Henry Hand (testator) directed his trustees to hold his residuary estate upon trust as to one equal third part (Kenneth’s share) to pay the income thereof to his son Kenneth Hand during his life and on his death as to both capital and income thereof for such of his children as attained the age of 21 years and if more than one in equal shares. In default of children, Kenneth’s share was directed to pass to the testator’s children, Gordon Hand and Joan George. The testator died on 9 June 1947 survived by all three children. Gordon Hand died without issue on 15 ...

Ben Nevis (Holdings) Ltd & anr v HMRC [2013] EWCA Civ 578

Wills & Trusts Law Reports | January/February 2014 #136

David King, a South African businessman, is the owner of Ben Nevis, a company incorporated in the British Virgin Islands. Following various hearings and appeals, Ben Nevis was found liable to the Commissioner for the South Africa Revenue Service (SARS) for taxes of Rand 2.6bn (approximately £222m) for the 1998, 1999 and 2000 tax years. In March 2011 judgment was entered against Ben Nevis in South Africa for this sum.

SARS alleged that Mr King transferred Ben Nevis’ assets to Metlinka Trading Ltd when he learned of the tax investigations and £7.8m was credited to a London ba...

Gregg & anr v Pigott & ors [2012] EWHC 732 (Ch)

Wills & Trusts Law Reports | July/August 2012 #121

The court was asked to construe the phrase ‘statutory next of kin’ in a settlement that was executed in 1948. It was common ground that, under the classic rules of construction, that phrase would have excluded adopted children because the intestacy rules in 1948 did not benefit adopted children. However, the adopted children argued that they were entitled to capital and income under the trust in preference to their distant cousins who would have benefited under the intestacy rules as enacted in 1948. The adopted children argued that to prevent them benefiting would be a breac...