Wills & Trusts Law Reports | Autumn 2023 #192The deceased died on 21 June 2010. His will, dated 6 March 1998, gave a life interest in the matrimonial home to his second wife, with remainders to the claimant and his brother, who were children of the deceased’s first marriage. A codicil, dated 26 December 2002, replaced the life interest with an absolute gift to the second wife. The deceased’s second wife obtained probate, relying on a copy of the codicil as the original could not be found, and administered the estate. The second wife made a will by which 70% of her residuary estate went to her sister, and 30% to the claimant’s three...
Dr Diane Le Grand de Belleroche compares the new French withholding rights with the Inheritance (Provision for Family and Dependants) Act 1975 While the new French withholding rights (‘prélèvement compensatoire‘) can, in some situations, benefit ‘each child, or his heirs or successors in title’, the Inheritance Act 1975 provides for more categories of applicants and …
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A recent Family Court decision has valuable lessons for trust and estate practitioners dealing with foreign property inherited by a minor. Georgia Bedworth reports The decision in Re B makes clear that in English law, just as in civil law jurisdictions, the power to administer property on behalf of a child is an aspect of …
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Wills & Trusts Law Reports | Winter 2021 #185The pursuer and appellant (the appellant) brought proceedings for the production and reduction of a will executed by his late brother, Samuel Thompson, on 27 November 2018. Samuel Thompson had subsequently died on 26 February 2019.
The defendant and respondent (the respondent) was the principal beneficiary and residuary legatee in terms of the 27 November 2018 will. The respondent had provided care services to the deceased from 2012 until his death. In a prior will dated 26 April 2012 the deceased left his entire estate, save for his home, to the appellant.
The appellant ...
Wills & Trusts Law Reports | Winter 2021 #185By her last will and testament, dated 22 February 2013, the deceased bequeathed a number of pecuniary legacies of between £5,000 and £30,000, totalling £260,000. The residue of the deceased’s estate was shared by three beneficiaries, although the main residuary beneficiary had predeceased the deceased, creating a partial intestacy. The issue before the court was whether, as a matter of statutory interpretation, s30(3) of the Administration of Estates Act (Northern Ireland) 1955 meant that the property of the deceased undisposed of by her will should be applied in the fi...
Wills & Trusts Law Reports | Autumn 2021 #184The claimant was the executrix and one of five residuary beneficiaries of the estate of her late father. The defendant, her brother, was the co-executor and a fellow residuary beneficiary. The claimant brought a Part 8 claim under s50 of the Administration of Justice Act 1985 to remove the defendant as executor and, alternatively, sought an order that the defendant be passed over pursuant to s116 of the Senior Courts Act 1981. The claimant also sought the appointment of an independent administrator and was voluntarily willing to step down as executrix ...
Wills & Trusts Law Reports | Autumn 2021 #184The claimant, a Mongolian national, was the second wife and widow of the deceased. She applied for an interim anti-suit injunction against two of the three defendants, the deceased’s adult children, restraining them from continuing proceedings against her in Italy pending a trial of a dispute concerning the deceased’s will in England.
The deceased was born in Italy, but was a naturalised British citizen. He had lived in England for 58 years until his death, aged 78, in 2018. His entire working life had been in England. He paid tax in the UK. He had raised a family in England (incl...
Wills & Trusts Law Reports | Spring 2021 #182A was survived by C, his sister; H, with whom he had had a relationship; E and F, who were the daughters of A and H; B, with whom A had also had a relationship; and G, the son of A and B. C was one of the executors of A’s will. Each of A and C owned 50% of the shares in X Ltd (the company) and on A’s death C remained a director and was in control of the company. During A’s lifetime, a property (Property 1) was acquired in his name and remained so at his death.
There were three claims following A’s death: (1) H claimed to be the beneficial owner of Property 1 (the property claim); ...
Wills & Trusts Law Reports | Spring 2021 #182Shortly before his death in 1947, the deceased made a will appointing his sons as his executors and trustees (the will). Clause 3 of the will provided that, ‘If any of my Trustees disagree with the others or have to attend to other business, he is at liberty to resign and the vacancy thereby created shall be filled accordingly.’
By 2017, following a series of deeds of appointments and retirements of trustees over several decades, the trustees were three individuals. In January 2019, the plaintiff wrote to the two other trustees notifying them of his intention to retire as a truste...
