Equiom (Isle of Man) Ltd & ors v Velarde & ors [2022] WTLR 109

Wills & Trusts Law Reports | Spring 2022 #186

Under a settlement made in 1974 by the deceased’s father, the deceased became the life tenant of a fund, over which property she had a power of appointment exercisable in favour of her children by deed revocable or irrevocable, or by will. In 1981, by a deed of appointment with effect from her death, the deceased appointed the fund between her three children. By a deed of revocation in 1997, expressed to be supplemental to the settlement and the 1981 deed of appointment, with effect from her death, the fund was appointed on trust for only two of her three children. The deceased made her ...

Equiom (Isle of Man) Ltd & ors v Velarde & ors [2021] WTLR 855

Wills & Trusts Law Reports | Autumn 2021 #184

The claimants were the trustees of a settlement settled by the deceased’s father. The defendants were the deceased’s three children. Under the terms of the settlement the deceased enjoyed a special power of appointment which could be exercised in respect of property described in the fund, whether by deeds revocable or irrevocable or by will or codicil. The deceased had exercised this power twice. First, by a deed of appointment in 1981, with effect from her death, the deceased appointed the fund between the three defendants. Second, by a deed of revocation in 1997, expressed to be supple...

Re Various Incapacitated Persons
 [2018] WTLR 1511

Wills & Trusts Law Reports | Winter 2018 #170

The court was asked to consider the applications, made on behalf of 36 incapacitated persons, to appoint a trust corporation as their property and affairs deputy. There was currently no agreed system through which the court could know that any particular trust corporation was suitable to be appointed as deputy, nor a ‘panel’ of approved trust corporations.

The following questions arose:

  1. A. Could a trust corporation lawfully act as a deputy?
  2. B. How could a trust corporation satisfy the court that it was appropriate for it to act as deputy?
  3. C. How shou...

Re Paw [2015] EWCOP 57

Wills & Trusts Law Reports | December 2015 #155

This was the application by ARW for an order appointing himself and two others, SJ and BQ, jointly to be deputies for property and financial affairs of his wife PAW who was unable to make decisions relating to her property. SJ and BQ were relatives of PAW who were close to her. ARW’s health had deteriorated since the application had been made and he was suffering from dementia.

The application was opposed by IW, one of ARW and PAW’s sons. IW objected to ARW being a deputy on the basis that he could not remember continuity of facts. IW objected to SJ on the basis sh...