Price v Saundry & anr [2020] WTLR 233
Wills & Trusts Law Reports | Spring 2020 #178By Declaration of Trust dated 6 July 2009 made between the Appellant and the First Respondent’s husband the latter declared that he held the properties set out in the schedule and the net proceeds of sale and the net income until sale upon trust for the parties thereto as tenants in common in equal shares. The First Respondent became a trustee as a result of being her husband’s sole personal representative. Subsequently she appointed her brother as an additional trustee and, after his death, his executrix was substituted as a party. The Appellant brought a claim seeking an order removing...
Mussell & anr v Patience & anr [2019] WTLR 973
Wills & Trusts Law Reports | Autumn 2019 #176The Claimants brought a claim as executors of the late Louis Patience, who died in April 1997. They produced accounts setting out the proposed distribution of the deceased’s estate. These accounts were opposed by the Defendants (in their capacity as beneficiaries of the estate).
At trial, HHJ Matthews found that the Defendants’ objections were misconceived, though the Claimants did fail on part of their claim. At the subsequent costs hearing, it was held that the Defendants should pay the Claimants’ costs, though as a result of the Claimants failing on one of the issues, the costs...
Blades v Isaac [2016] EWHC 601 (Ch)
Wills & Trusts Law Reports | May 2016 #159The claimant was a member of a class of objects of a discretionary trust created by the will of Valerie Mary Lee who died on 19 June 2013. The defendants, who were partners in Tanners Solicitors LLP, were the trustees (including the sole proving executor). The relationship between the claimant and her elder sister (who had been added to the class of potential beneficiaries after the death of their mother) was affected by a history of strains between members of the family. The first defendant proved the will on 28 January 2014 in relation to an estate valued at £903,574. The second defend...