Henchley & ors v Thompson & anr [2024] WTLR 559
Wills & Trusts Law Reports | Summer 2024 #195The settlor executed a trust deed dated 12 September 1960 (the trust), under the terms of which the trustees were given a power of appointment over capital and income for the benefit of the beneficiaries and their respective issue. The power was limited by a deed dated 28 March 1978 so that it could be exercised only in relation to the capital of the trust fund to which a beneficiary then enjoyed an interest in possession. In default of appointment, the capital and income of the trust fund was to be held for such of the beneficiaries living on the perpetuity day (which was to be calculat...
Dixon Coles & Gill v Baines & anr [2021] WTLR 1247
Wills & Trusts Law Reports | Winter 2021 #185The appellant was a firm of solicitors. The respondents were, respectively, the Bishop and Diocesan Board of Finance of the Diocese of Leeds, into which had been absorbed the Diocese of Wakefield, which in turn had been a client of the appellant firm. The firm had acted for the Diocese in a number of conveyancing transactions during the course of their instructions. It was subsequently discovered by one of the firm’s three partners that another partner, Mrs Box, had over the course of many years made unauthorised payments from the firm’s client account, and had misappropriated millions o...
Re Cadogan [2021] WTLR 411
Wills & Trusts Law Reports | Summer 2021 #183C and D1-D4 were the children of Mrs Veronica Cadogan (VC), who died in 2011. VC’s will left her residuary estate to them in equal shares. In 2013, C and D1 took letters of administration with the will annexed. They remained as administrators until they were replaced by D5 at the first case management hearing in the proceedings.
VC’s estate included 14 English properties. Following her death, each of C and D1-D4 had informally taken over or remained in control of one or more properties and either occupied or received rent from them. This continued during the period of ...
Libertarian Investments Ltd v Hall FACV Nos 14 & 16 of 2012
Wills & Trusts Law Reports | March 2015 #147W and the defendant embarked on a project with the aim of acquiring a substantial interest in an English company, TSE, which started with the acquisition of 125,000 TSE shares in 2002 (the first tranche). In 2003 they attempted to make additional acquisitions of TSE shares, such attempts involving three of W’s companies, including the plaintiff. The overall scheme was that funds would be provided by one company, Assanzon, for the acquisition of shares for another company, Momentum, which were held for its beneficial owners which were principally the plaintiff company, Libertarian. The fu...