Duke of Somerset v Fitzgerald & ors [2019] WTLR 771
Wills & Trusts Law Reports | Autumn 2019 #176Shortly after he came of age, the 19th Duke of Somerset, claimant in this action, established a Settled Land Act settlement dated 30 September 1971 (the settlement). Under the terms of the settlement, the claimant was tenant for life and one of the trustees. The other trustees were independent professional trustees and were joined as first and second defendants. The rest of the defendants were all of the adult beneficiaries interested under the trusts of the settlement (all of whom supported the application), there being no existing minor beneficiaries nor any lacking capacity. ...
Pemberton v Pemberton & ors [2016] EWHC 2345 (Ch)
Wills & Trusts Law Reports | December 2016 #165This case involved a claim by one of the trustees of the Pemberton Settled Estates, originally created on 31 March 1965, for a variation of the settlement. The first to third defendants were the other trustees of the settlement who had in mind the unborn and unascertained beneficiaries. There were also four adult defendants and four defendants who were minor beneficiaries. All defendants supported the variation.
The claimant proposed the following variation:
- a) to set the perpetuity period running afresh for a further 125 years;
- b) to confer on the trustees a...