Wills & Trusts Law Reports | Winter 2018 #170The claim was brought to rectify two deeds of revocation and appointment made in 2008 and 2014, or alternatively to rescind them on the grounds of mistake.
Each of the settlor’s adult children had an interest in possession in a one sixth share of the trust fund. In 2004, in order to ensure that no inheritance tax was payable upon their one sixth share of the trust fund as a result of their deaths, the trustees appointed successive life interests for the spouses of two of these children, Michael and Joanna. Unfortunately, both Michael and Joanna’s marriages ended in divorce. The tr...
Wills & Trusts Law Reports | March 2017 #167This was a claim to construe a will or, in the alternative to rectify it. Mr Michael Crowley-Milling (the deceased) died on 24 December 2012. His wife had pre-deceased him and he was survived by one niece, Mrs Lorna Joy Robinson and the children of his other niece (who had predeceased him) James Masterman and Rebecca Masterman (the next of kin). The deceased was a distinguished scientist and had decided to leave the bulk of his estate to the Royal Society.
The deceased left two wills: a Swiss will from February 2006 (the Swiss will) and an English will from October 2009 (the 2009 ...
Wills & Trusts Law Reports | March 2017 #167The claimants (the executors of the estate of Mr Jagger) applied for construction or alternatively rectification of the last will of Mr Jagger dated 10 June 2011 (the 2011 will). It was common ground that the 2011 will was valid and revoked an earlier will dated 5 April 2007 (the 2007 will).
Mr Jagger made the 2011 will following the death of two of his sons from his first marriage. It was professionally drafted. Under the 2007 will his second wife received a life interest in the matrimonial home. The 2011 will represented a departure from this intention.
The 2011 will cont...
Wills & Trusts Law Reports | January/February 2017 #166John Raymond Winson and Mable Winson (Mr & Mrs Winson) made ‘mirror image’ wills with the first defendant, a solicitor employed by the second defendant, on 17 August 2010 by which, in simple terms (and subject to two minor specific legacies by Mrs Winson), they left their estate to each other but, if that gift failed, left pecuniary legacies to the same named individuals and charities with the net residue passing to the claimants in equal shares. In each will there was a survivorship clause in the following terms:
‘My estate is to be divided as if any person ...
Wills & Trusts Law Reports | November 2016 #164B had been involved in litigation against A and the AP family (the litigation) from which he potentially stood to recover large sums of money. The claimant, G, was B’s long-term partner. In March 2012 the litigation deed was drawn up to reflect agreement between B and G regarding G’s entitlement to B’s assets (including the litigation). B subsequently lost his case against A and entered into settlement discussions with the AP family. The litigation agreement was a further document signed in September 2012 to reflect an agreement between B and G concerning her entitlement to any sums from...
Wills & Trusts Law Reports | December 2015 #155This hearing was part of the dispute over the succession to the Swyncombe Estate in Oxfordshire (see also [2015] WTLR 1165, [2015] EWHC 752 (Ch)). This hearing concerned three applications by Stephen Christie-Miller (Stephen) to re-plead his case.
The estate, which consists of land in and Swyncombe, is in two parts. One part is held upon the trusts of a settlement dated 18 February 1976 (the settlement) executed by Charles Wakefield Christie-Miller (Charles). The other part is held upon the trusts declared by the will of Charles’ son, William John Christie-Miller dated 15 March 19...
Stuart Adams discusses the first round in what appears to be a solid case for the rectification of a deed of variation ‘In Vaughan-Jones the variation, as drafted, failed to include the necessary statements and, instead, referenced the pre-2002 rules by way of clause three. Therefore, it was ineffective for IHT and CGT purposes.’ The …
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Wills & Trusts Law Reports | September 2015 #152John Reading died on 6 July 2005. He left a will dated 30 January 2004. He was survived by his wife, Janet; his two children, Stuart and Sally; and his three stepchildren, Neil, Ruth and Robin Sedgwick.
Under the will, Mrs Reading and Richard Flack were appointed trustees of a nil-rate band discretionary trust. The clauses of the will setting out the trusts of the nil-rate band trust included the testator’s ‘issue’ in the beneficial class. There was provision for such issue to be born at the testator’s death or thereafter during the trust period. Mrs Reading and Mr Flack brought a...
Wills & Trusts Law Reports | September 2015 #152The claimants were the executors of the will of the deceased dated 8 September 2000 whereby his residuary estate passed to his widow and three sons in equal shares absolutely. The first defendant was the deceased’s widow and the first claimant and second and third defendants were his sons.
Under the will, inheritance tax would be payable on the estate in respect of land and farming assets which did not qualify for agricultural property or business property relief on the three quarters of the residuary estate which had passed to the deceased’s sons. The beneficiaries decided that t...
Wills & Trusts Law Reports | June 2015 #150The trustees of a settlement dated 16 December 2003 made by the first claimant, Brian Kennedy, (the settlement) sought an order to correct a mistake made in the terms of an appointment dated 1 October 2008 (the October 2008 appointment).
Under the terms of the settlement, of which Mr Kennedy was originally the sole trustee, Mr Kennedy had a life interest in possession. The settlement contained a power of appointment exercisable by the trustees in favour of Mr Kennedy, his children and remoter issue. In default of appointment, the capital was held on trust for Mr Kennedy’s children...
