Mills & anr v Mills & anr [2015] EWHC 1522 (CH)
November 2015 #154The claimants brought a part 8 claim for the determination of three issues in relation to a family trust of land on which was operated a family-run plant nursery business. The nursery business was operated through a limited company which was separately owned from the trust and the company paid no rent to the trust for occupation of the land. All parties to the claim were adult members of the family and comprised all of the existing beneficiaries of the trust. The fourth defendant represented the interests of potential unborn beneficiaries. The relief sought by the claimants was unopposed...
Kell v Jones & ors
April 2013 #128Mrs Joan Pittaway (the testatrix) made a will dated 15 December 2010 and died on 21 January 2011. Her will appointed Mr Kell as one of two executors.
Clause 4 of her will left pecuniary legacies to 15 named relatives and four charities (with £7500 in total left to charity). Clause 6 of the will left her residue to be paid ‘equally among such of the beneficiaries named in clause 4 as shall survive me and if more than one in equal shares’.
It was alleged that the testatrix wished her residue to be split only between family members and not the charities. The size...