Benjamin v Benjamin & anr [2024] WTLR 411
Summer 2024 #195The claimant was the child of the first defendant (his father) and the second defendant (his mother). On 5 March 1999, the defendants settled shares in the family company (BPL) on themselves as trustees of a discretionary trust for the benefit of the claimant and his brother and their issue.
The claimant’s case was that the defendants had assured him that half of the family business would eventually pass to him, but that he suspected that something had happened which was inconsistent with those assurances. In March 2021, the claimant requested from BPL’s accountants a copy of its ...
Withers Trust Corporation Ltd v The Estate of Goodman [2024] WTLR 763
Summer 2024 #195Hannah Goodman died on 14 July 2020. She was survived by her late husband, Adrian, who himself died on 11 June 2022. The claimant was the Withers Trust Corporation, which was the executor appointed by Adrian’s last will, dated 2 November 2020.
The claimant sought an order pursuant to s2 of the Forfeiture Act 1982 that the application of the forfeiture rule to Adrian’s interest in Hannah’s estate and to his interest in jointly owned assets be modified, so as to give Adrian full relief from forfeiture.
In October 2017, Hannah was diagnosed with lung cancer. ...
Richefond & ors v Dillon & ors [2024] WTLR 253
Spring 2024 #194The first claimant and her co-executors sought to propound a will which was resisted by the first to third defendants. In a previous judgment the Master had determined that the will was valid as to part but the gift of residue to the first claimant failed because the testator did not know and approve of that part in light of his illiteracy and the lack of proper explanation from the will draftsman. The result was that the testator’s home was held on trust for the first claimant’s occupation but the residuary estate passed on the statutory trusts of intestacy between the five defendants.<...