Continue reading "Variation: Looking at all the options"
BH v JH [2024] WTLR 391
Wills & Trusts Law Reports | Summer 2024 #195The 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 #195A 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) Each case must be considered on i...
Variation: Reduced circumstances
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Variation: To vary or not to vary
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A & ors v K & ors [2019] WTLR 335
Wills & Trusts Law Reports | Summer 2019 #175Introduction
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: Opening the door
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Variation: Keeping up-to-date
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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...
Variation: Challenging odds
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