Timothy Sherwin looks at the rights of beneficiaries to an account Blades and Boothman suggest that the courts will be willing to permit derivative claims to advance in appropriate circumstances even where they have not been formally designated as derivative claims. A beneficiary has a right to an inventory and account from her executor. That …
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Wills & Trusts Law Reports | Autumn 2021 #184The claimant was the executrix and one of five residuary beneficiaries of the estate of her late father. The defendant, her brother, was the co-executor and a fellow residuary beneficiary. The claimant brought a Part 8 claim under s50 of the Administration of Justice Act 1985 to remove the defendant as executor and, alternatively, sought an order that the defendant be passed over pursuant to s116 of the Senior Courts Act 1981. The claimant also sought the appointment of an independent administrator and was voluntarily willing to step down as executrix ...
Wills & Trusts Law Reports | Autumn 2021 #184On 3 August 2016, the appellant made a claim for income-related Employment and Support Allowance, asking for any award to be backdated to 2 June 2016. The appellant was in receipt of regular monthly payments from discretionary family trusts of £600 per month, rising to £750 per month from July 2016. She also received £750 per month from a lodger from July 2016.
Her application was refused on 10 July 2018 on the basis that her income exceeded the limit under the Employment and Support Allowance Regulations 2008. A mandatory reconsideration confirmed the initial outcome, an...
