Wills & Trusts Law Reports | Autumn 2019 #176The Claimants brought a claim as executors of the late Louis Patience, who died in April 1997. They produced accounts setting out the proposed distribution of the deceased’s estate. These accounts were opposed by the Defendants (in their capacity as beneficiaries of the estate).
At trial, HHJ Matthews found that the Defendants’ objections were misconceived, though the Claimants did fail on part of their claim. At the subsequent costs hearing, it was held that the Defendants should pay the Claimants’ costs, though as a result of the Claimants failing on one of the issues, the costs...
Matthew Howson outlines the lessons from Australian case Hancock v Rinehart [2015], which considered fraud on a power and replacement of a trustee ‘The court felt that Bianca was more likely than a professional trustee to act in the best interests of the beneficiaries, and in particular more likely to resist Mrs Rinehart.’ Gina Rinehart …
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