BH v JH [2024] WTLR 391

Wills & Trusts Law Reports | Summer 2024 #195

The applicant was the deputy and brother of P, who was represented by the Official Solicitor. P had a lifelong learning disability and the presumption of capacity was displaced. The application was for the variation of a statutory will made in 2008 on behalf of P. There was no dispute as to the terms of the proposed variation or that it was in the best interests of P.

The 2008 statutory will provided for the creation of a discretionary trust for a period of two years less one day, of £1m plus P’s home (worth £600,000) and chattels, in favour of four categories of beneficiaries inc...

BH v JH (costs) [2024] WTLR 403

Wills & Trusts Law Reports | Summer 2024 #195

A deputy had made an application to vary a statutory will and disputed that carers and unidentified charities needed to be served and notified of the same. The Official Solicitor made an application to resolve the dispute on service and the court determined, as argued by the Official Solicitor, that the rules required service of the variation application on carers and unidentified charities but that service on the carers could be dispensed with. The Official Solicitor made an application for the costs of the service issue.

Held:

  1. (1) Each case must be considered on i...

Variation: Looking at all the options

Antonia Barker provides a guide to key considerations on an application to vary periodical payments as a result of a change in circumstances Thought should be given to the likely duration of any reduction in income, as over the course of the pandemic some industries have suffered long-term damage while for others it is clear …
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Variation: Reduced circumstances

Kathryn Cassells considers how the courts may approach an application to vary a lump sum order where the applicant’s disclosure is unclear and their financial woes are of their own making While both quantum and the timing of payments is variable, case law suggests that the court will only vary quantum in exceptional circumstances, not …
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Variation: To vary or not to vary

Heather Souter summarises the key considerations on an application to vary a financial consent order and the approach of the courts Unless there has been a significant change of circumstance since the order was made, grounds for variation under s31, MCA 1973 seem hard to conceive. The full financial impact of the global pandemic is …
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A & ors v K & ors [2019] WTLR 335

Wills & Trusts Law Reports | Summer 2019 #175

Introduction

W, who died some years ago, established several settlements (referred to generally as ‘the General Family Trusts’), either directly or by trustees to whom he had provided funds. The value of the General Family Trusts was very substantial indeed. W had been married several times and had a large family. A representation was issued in respect of two of the General Family Trusts: the Y Trust and the Z Trust. The trustee companies of both of the trusts were amongst the respondents.

It had been W’s wish that after his death, in the administration of ...

Variation: Keeping up-to-date

Mary Ashley looks at modernising trusts through variation ‘The court’s jurisdiction does not extend to allow for a resettlement of the trust – the court may only consent to arrangements which vary or revoke existing trusts.’ Once a trust is created, the trustees are effectively bound by the terms of it. At times, this can …
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Pemberton v Pemberton & ors [2016] EWHC 2345 (Ch)

Wills & Trusts Law Reports | December 2016 #165

This 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:

  1. a) to set the perpetuity period running afresh for a further 125 years;
  2. b) to confer on the trustees a...

Variation: Challenging odds

Daniel Sanders considers the courts’ approach to variation applications and the limited circumstances in which such an application is likely to succeed ‘A clear and highly compelling change in circumstances must have arisen in order to justify variation of the terms of the original maintenance order, whether as to quantum or term.’ For many clients …
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