Case: Southgate v Sutton [2011] EWCA 637; [2011] WTLR 1235

Gledhill & anr v Arnold [2015] EWHC 2939 (CH)

By clause 3 of his will dated 19 August 2011 (2011 will) Eric Arnold (estator) gave his beneficial half share of 1 Sherbuttgate Road, Pocklington (house fund) to the claimants (trustees) upon trusts that conferred a life interest on the defendant with remainder ‘upon the trust hereinafter declared in regard to my residuary estate’. The residuary estate was given to the defendant in absolute terms with a gift over, if she failed to survive the testator, to such of her children and her daughter in law as should be living at his death and if more than one in equal shares absolutely...

Re KJP [2016] EWCOP 6

This was an application for permission to appeal against a decision of District Judge Mort authorising the revocation of an enduring power of attorney (EPA) in respect of the property and affairs of K.

K executed the EPA on 17 July 2007 appointing his two children (the attorneys) to be his attorneys with general authority to act on his behalf in relation to his property and affairs.

On 2 May 2013, the attorneys applied to the Office of the Public Guardian to register the EPA. This application was not opposed and the EPA was duly registered on 18 June 2013. However, by March...

Re English & American Insurance Co Ltd; Re the Trustee Act 1925 HC13C02801

This was an application by the trustees of a trust arrangement forming part of Schemes of Arrangement following the insolvency of English & American Insurance Company Ltd (EAIC). The trustees were unable to make distributions to the vast majority of beneficiaries under the trust owing to the existence of a small subset of beneficiaries who potentially had rights under the fund. Accordingly the trustees made an application under s57 of the Trustee Act 1925 for power to apportion the trust fund or alternatively for power to make interim distributions either under the court’s...