Price v Saundry & anr [2020] WTLR 233

Wills & Trusts Law Reports | Spring 2020 #178

By Declaration of Trust dated 6 July 2009 made between the Appellant and the First Respondent’s husband the latter declared that he held the properties set out in the schedule and the net proceeds of sale and the net income until sale upon trust for the parties thereto as tenants in common in equal shares. The First Respondent became a trustee as a result of being her husband’s sole personal representative. Subsequently she appointed her brother as an additional trustee and, after his death, his executrix was substituted as a party. The Appellant brought a claim seeking an order removing...

Smith v Herbert [2014] EWHC 4177 (Ch)

Wills & Trusts Law Reports | June 2016 #160

The claimant was, together with his sister and brother, a beneficiary entitled to an interest in possession in land comprised within the Edmondsham Estate (children’s property) by virtue of a deed of appointment made in 1979 in exercise of a power contained in a settlement dated 17 March 1965 created by the late TAH Medlycott. Each life tenant was given power to settle his or her share on trust for such one or more of his or her children in such shares as should be appointed by deed or will. In default of appointment, each life tenant’s children were entitled to the capital i...

Preedy & anr v Dunne & ors [2015] EWHC 2713 (Ch)

Wills & Trusts Law Reports | December 2015 #155

This claim concerned a property. The freehold had belonged legally and beneficially to J who had run a business of a pub and restaurant from the property in partnership with her husband B. J died in 1997. On her death the property passed by her will to her executors and trustees, essentially for the benefit of B for his life and, subject to B’s interest, for J’s three children in equal shares (the will trust).

The claimants were the current trustees of the will trust and hence the legal owners of the freehold of the property. The first defendant was J’s son (one of the beneficiari...