Topic: conflict of interest

Folds Farm Trustees Ltd & anr v Cutts & ors [2024] WTLR 503

The claimants were the corporate trustees of two family trusts established respectively by a deed of variation relating to the will of Oliver Cutts (the 1997 trust), and by the will of Susan Cutts (the will trust). The beneficiaries of these trusts were Susan’s children, grandchildren and remoter issue who were living on or born before specified dates.

The primary asset of the trusts was Folds Farm, a farm in the New Forest in Hampshire comprising various buildings and farmland totalling almost 340 acres. The majority of the farm was within the will trust, while the 1997 trust com...

Pile v Pile [2022] WTLR 1445

The parties, who were brothers, held two periodic tenancies as joint tenants: an agricultural tenancy and a commercial tenancy of land at Fir Tree Farm protected respectively under the Agricultural Holdings Act 1986 and the Landlord and Tenant Act 1954. The appellant and a company of which he and his wife were sole directors and shareholders, F N Pile and Sons Ltd, entered into an agreement with the landlord (the agreement) under which he would serve a notice to quit the agricultural tenancy, the landlord would serve a notice to terminate the commercial tenancy in respe...

Brookman & anr v Potts & anr [2022] WTLR 37

By his will dated 17 January 2011 (the will), Arthur Brookman (the deceased) appointed his wife, Sandra Brookman, together with her children and brother to be the executors and trustees. The deceased placed his beneficial half share in the matrimonial home at 49 Hemsby Road, Castleford (the property) in a discretionary trust for the benefit of a class of potential beneficiaries that included his wife, his children by a former marriage, his stepchildren and six named grandchildren. Subject to the power of appointment, the capital and income were held on trust for such of his children and ...

Smith & anr v Michelmores Trust Corporation Ltd & ors [2021] WTLR 1051

The testatrix (T), whose husband predeceased her, was survived by her four children, B1, B2, B3 and B4. T had appointed B3 and the partners of a solicitor firm as the executors of her will. She left the residue of her estate on trust to be divided into four equal shares: one for the benefit of each of B1, B2 and B3, and the fourth upon discretionary trusts, which included a wide power of appointment, for the benefit of B4 and his children and remoter issue. At the time of the hearing, B4 had three adult children and one minor grandchild. T died in 2010 and probate of her will was granted...

Smith & anr v Michelmores Trust Corporation Ltd & ors (costs) [2021] WTLR 1083

A testatrix (T) left the residue of her estate (the trust fund) on trust to be divided into four equal shares, directing that one of them (the share fund) be held upon discretionary trusts for the benefit of her son, B, and his children and remoter issue. The other three shares were given to her other three children absolutely. The will trustees (who were the executrix of T’s will and another person appointed by her as a co-trustee) sought the approval of the court for a proposed appointment of all of the liquid funds in the share fund to B absolutely. The judge refused to approve the pr...

Y & anr v C & ors [2021] WTLR 391

A claim was made under the Inheritance (Provision for Family and Dependants) Act 1975 (1975 Act) by the mothers of the deceased’s children. The deceased had owned 50% of a private company. That shareholding was valued for probate at £5m. The executors of the deceased’s estate were his sister, who owned the other 50% of the shares and was a director of the company, and a solicitor from the firm which had drafted the deceased’s will, and who was also a director of the private company. The claim under the 1975 Act was upheld against the estate (reported as B v...