Continue reading "Jurisdiction: Keeping within the limits"
Grosskopf v Grosskopf & anr [2024] WTLR 530
Wills & Trusts Law Reports | Summer 2024 #195The parties were siblings and beneficiaries of a trust established by their parents. In addition, the defendants were also the trustees. The claimant applied to appoint a judicial trustee in place of the defendants on the basis that the defendants had engaged in conduct that appeared to have been in breach of their duties as trustees or may have been dishonest. The parties had previously entered into an arbitration agreement before the Beth Din of the Federation of Synagogues. The court and the tribunal had previously determined that the tribunal had jurisdiction to consider the claim. T...
Gorbachev v Guriev [2023] WTLR 395
Wills & Trusts Law Reports | Summer 2023 #191The claimant made a third-party disclosure application under CPR 31.17 and s34 Senior Courts Act 1981 against Forsters LLP, English solicitors instructed on behalf of Cypriot trustees. Forsters LLP’s position was that the trustees were the only proper parties to the application under CPR 31.17, and that any order for disclosure should be made against them. Permission was granted by HHJ Pelling QC pursuant to CPR PD 6B(20) to serve the application for third-party disclosure on the trustees out of the jurisdiction, and for the application to be served by...
Re X Foundation Trust [2022] WTLR 1165
Wills & Trusts Law Reports | Autumn 2022 #188The sole trustee of the X Foundation Trust, a Bahamas trust, applied to the court for directions pending the determination of two sets of proceedings before a foreign court (the foreign court proceedings), with respect to the mental capacity of the settlor of the trust (the settlor).
The trust was a discretionary trust whose class of beneficiaries included the settlor and members of his family, as well as companies which received distributions from the trust to pursue charitable activities. The trust instrument provided for a protector, termed an appointor, with power to appoint a...
Re B [2022] WTLR 409
Wills & Trusts Law Reports | Summer 2022 #187In 2013, B’s father died intestate in France leaving a French property. Under French law, the property passed to B and his adult sister in equal shares. Under French law, it is necessary for the heir to accept their succession to the French estate. As B was a minor (aged 17), he was not able to do so. If he lived in France the surviving parent would be able to accept the succession on B’s behalf, but because B was habitually resident in England the French court declined jurisdiction.
B’s mother made an application for a specific issue order under s8 of the Children Ac...
Jurisdiction: After Brexit
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Heslop v Heslop & anr [2022] WTLR 137
Wills & Trusts Law Reports | Spring 2022 #186Mr Dudley Heslop issued two separate proceedings in England against his sister, Ms Mona Heslop, domiciled in England, and his other sister, Mrs Jennifer Seales, domiciled in Scotland. The proceedings concerned the equitable ownership of a property in Jamaica that had been purchased by the parties’ late mother in 2008. The parties’ mother had been domiciled in England from 1948 to 2015 when she moved to Scotland to live with Mrs Seales. In 2018, the parties’ mother passed away, leaving a will dated 13 March 2012 which purported to deal with the property. The proceedings issued by Mr Heslo...
Jurisdiction: Only with good reason
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Jurisdiction: Pakistan or England?
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Jurisdiction: A poultry dispute
Continue reading "Jurisdiction: A poultry dispute"