In the Matter of the X Trusts [2019] WTLR 1055
Autumn 2019 #176The corporate trustees of a Bermuda discretionary trust made proposals to the beneficiaries to restructure the trust administration. Some beneficiaries objected to the proposals and requested that particular directors of the trustee companies, being closely allied with other beneficiaries, resign. Other beneficiaries broadly supported the proposals, and said the Court could not order such resignations. The trustees sought directions from the Court, including a direction as to whether they should remain as trustees, and certain directors offered to retire if the Court signified that they ...
A & ors v K & ors [2019] WTLR 335
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 the General Famil...
Angel Group Ltd & ors v Davey [2019] WTLR 359
Summer 2019 #175The Claimants were a group of companies (“Angel Group”) comprising a holding company (“AGL”) and three wholly owned subsidiaries which were in the business of property development and commercial and residential lettings. Its business was substantially dependent on contracts with the UK Border Agency to provide accommodation for asylum seekers. The Defendant, who was the sole Director of the Angel Group, held (directly or indirectly) all of the shares in AGL. The Defendant, and one of the subsidiaries, purchased a number of real properties located in Israel, Northern Cyprus and California...
Bhusate v Patel & ors [2019] WTLR 393
Summer 2019 #175The claim related to the estate of Mr Bhusate who died on 28 April 1990. His first wife (Mrs Bhusate) had died in 1971. The 1st to 5th defendants were Mr Bhusate’s children by his marriage to Mrs Bhusate. The claimant was his third wife. The 6th defendant was the only child of Mr Bhusate and the claimant.
Mr Bhusate died intestate. Letters of administration were granted to the claimant and the 1st defendant on 12 August 1991. The estate principally comprised a property in London where the claimant and Mr Bhusate lived (the property). The property remained registered in Mr Bhusate’...
Blyth v Sykes [2019] WTLR 419
Summer 2019 #175The deceased died a widow on 9 January 2016, aged 81. Among her possessions at the time of her death was an envelope containing a copy of a will executed on 11 April 2008 (the will). The envelope also contained an unsigned draft of the will and an invoice from solicitors in respect of its preparation. The original will was absent from the envelope and was never found. The copy had been certified by the solicitors on the same date that a codicil to the will was executed to the effect that it was a true copy of the original. The codicil did not interfere with the devolution of the estate s...
Cowan v Foreman & ors [2019] WTLR 441
Summer 2019 #175The claimant applied for an order under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act), s2, against the estate of her deceased husband (the deceased). Probate of the deceased’s will was granted on 16 December 2016 and the application was made on 8 November 2018. Under s4 of the 1975 Act, except with the permission of the court any application for an order under s2 was to be made within six months of the date of the grant. This was an application for permission to make the substantive application out of time, the application having been made nearly 17 months...
Daga v Bangur [2019] WTLR 455
Summer 2019 #175Following decree absolute in October 2017, the husband sought a lump sum payment from the wife, out of two discretionary trust funds of which the wife was settlor, with a combined value of £17.5m, the trustee of which was an offshore company. The beneficiaries were the ‘family members’ of the settlor. The letter of wishes directed the trustee to act on the advance of her father. The trusts were created in June and August 2015 and funded by the wife’s father, via the wife, between March and June 2016, the wife passively facilitating their funding. Although the source of the funds in the t...
Dewar v Sheffield City Council & anr [2019] WTLR 495
Summer 2019 #175Graves Park in Sheffield was held by the defendant council on a charitable trust governed by scheme made in 2009. Clause 4(2) of the scheme provided that the land subject to the scheme ‘must be retained by the trustee for use for the object of the charity’. Clause 10 of the scheme provided that “The Commission may decide any question put to it concerning: (1) The interpretation of this scheme; (2) The propriety or validity of anything done or intended to be done under it.”
Section 6, Trusts of Land and Appointment of Trustees Act 1996 provides that:
‘(1) For the purpo...
Densham v Charity Commission [2019] WTLR 473
Summer 2019 #175Introduction
This case involved two inclosure awards made in the nineteenth century under powers conferred by s73 of the Inclosure Act 1845. Each award allotted land to the Churchwardens and Overseers of the Poor for the parish “to be held by them and their successors in trust as allotments for the labouring poor of the said parish …” The land, which is in Buckinghamshire, is now held by Hughenden Parish Council.
The Charity Commission considered that the land held for local allotments was subject to charitable trusts for the relief of the poor. The allotments were original...