Clarke & ors v Shrewsbury and Atcham Constituency Labour Party & ors [2024] WTLR 67
Wills & Trusts Law Reports | Spring 2024 #194James Morris (the settlor), a Labour Party councillor and businessman, settled two trusts (the trusts). This claim concerned the validity of the trusts, their rectification, a proprietary estoppel claim by a beneficiary, and the consequences of the trusts’ invalidity.
The first trust concerned Morris Hall, Bellstone Court, Bellstone, Shrewsbury (the hall), which Mr Morris transferred to himself and three others to hold pursuant to a declaration of trust dated 5 April 1934 (the hall trust).
Clause 1(g) of the hall trust provided:
‘After making provision fo...
Laird v Simcock & ors [2023] WTLR 1393
Wills & Trusts Law Reports | Winter 2023 #193The deed was intended to appoint a life interest in the assets not attracting IHT relief to the deceased’s widow, the first defendant. The interest so appointed would then qualify for the spousal exemption. Due to the wording of the deed however it appointed an interest in all of the trust assets, not merely those which did not qualify for IHT relief.
The claim was issued for rectification of the deed. The claim was adjourned with directions at the first hearing, the Master expressing the view that the evidence was insufficient to sustain the rectification claim. Further evidence ...
Lattimer v Karamanoli [2023] WTLR 1433
Wills & Trusts Law Reports | Winter 2023 #193Evi Kalodiki (the testatrix) passed away on 31 December 2018, having executed a purported will dated 27 December 2018 (the will) and married the claimant on 28 December 2018. The claimant maintained that the will was revoked by the testatrix’s marriage to him. The defendant was the testatrix’s sister and was named as a beneficiary in the will.
By an application to the Central Family Court, the defendant sought a declaration under s55 of the Family Law Act 1986 in respect of the status of the marriage, contending, among other things, that the marriage was invalid ...
Pead v Prostate Cancer UK & ors [2023] WTLR 1089
Wills & Trusts Law Reports | Autumn 2023 #192James Murray McKay (the deceased) left a will dated 3 August 2016 (the will).
Clauses 4.1 – 4.3 of the will were pecuniary legacies to a number of the deceased’s family members (the family members). Clause 4.1 gifted £50,000 each to the deceased’s stepson and wife, clause 4.2 gifted £10,000 to the deceased’s step great-granddaughter, and clause 4.3 gifted £20,000 each to three step grandchildren.
Clauses 4.4 – 4.8 were legacies to a number of charities (the charities). Clauses 4.4 and 4.5 each gifted £2,000 to Macmillan Cancer Support for the benefit of stated causes, claus...
Laird v Simcock & ors [2022] WTLR 1351
Wills & Trusts Law Reports | Winter 2022 #189By his will, the late Robert Simcock created a trust over the sum of £200,000, under which his wife Catherine was to be the life tenant. Subject to that, the capital and income of that trust was to be held on the terms of a discretionary trust of residue also created by the will, the objects of which were Catherine, and Robert’s children and remoter issue.
Solicitors acting for the family determined that only a portion of Robert’s estate would benefit from Agricultural Property Relief (APR) and Business Property Relief (BPR), with the consequence that, absent an appointment from t...
Laird v Simcock & ors (costs) [2022] WTLR 1365
Wills & Trusts Law Reports | Winter 2022 #189In an earlier judgment (p1351 of this edition), the court had dismissed the main claim seeking rectification of a deed of appointment made by the claimant and first defendant as executors and trustees of a will trust. The claimant’s position was that there should be no order as to costs, but the court should order that she be indemnified from the estate in respect of her costs. The claimant was neutral in respect of whether the court should order the defendants’ costs be paid out of the estate. The first defendant sought an order that the claimant pay her costs and submitted that the cla...
Beasant v Royal Commonwealth Society for the Blind & ors [2022] WTLR 853
Wills & Trusts Law Reports | Autumn 2022 #188By her will (which was drafted by a legal executive of the third defendant), Audrey Thelma Anita Arkell (the testatrix) gave the ‘Nil-Rate Sum’ to the appellant. This was defined as:
‘… the largest sum of cash which could be given on the trusts of this clause without any inheritance tax becoming due in respect of the transfer of the value of my estate which I am deemed to make immediately before my death.’
Subsequent clauses gave her residence, personal chattels and specified shares to the appellant ‘free of inheritance tax’ and her net residuary es...
Bracey v Curley & anr [2022] WTLR 419
Wills & Trusts Law Reports | Summer 2022 #187Mr Bracey passed away on 27 May 2018, leaving a will dated 31 July 2015. Under that will, Mr Bracey appointed the second defendant as his executrix and trustee. The grant of probate issued on 16 March 2020 to the second defendant. Mr Bracey had been predeceased by his wife, who, like Mr Bracey himself, had been unwell at the time at which Mr Bracey had executed his will. The case related to a dispute between Mr Bracey’s son (the claimant) and his daughter (the first defendant) concerning the proper construction of the will and whether it should be rectified.
The first issue was wh...
Chandler v Lombardi [2022] WTLR 487
Wills & Trusts Law Reports | Summer 2022 #187The parties were children of Concetta Chandler, who had died on 24 January 2019. C was her son and executor. D was her daughter.
On 4 June 2018, Mrs Chandler had transferred her house into the joint names of herself and D as tenants in common in equal shares. C sought a declaration that the transfer was void and rectification of the land register to reflect this.
From 2005 (when it was purchased) until the transfer, the house had been held in Mrs Chandler’s sole name.
On 28 November 2018, D had registered with the Office of the Public Guardian a lasting power of atto...