Easingwood v Cockroft & ors 2013 BCCA 182
December 2016 #165Reginald Easingwood (Reginald) was married to Kathleen Easingwood (Kathleen) from 1983. He had four children by his first wife, who had died in 1976. In April 2001, Reginald executed an enduring power of attorney in favour of his two children acting together. Three years later, in March 2004, Reginald made a will. Under that will, Kathleen was to have an entitlement to income in a fund of $525,000 (plus adjustment for each year), which upon her death would be divided between his children, his step children, and his grandchildren. He also gave his wife a life interest in the matrimonial h...
Hamilton v Hamilton & anr [2016] EWHC 1132 (Ch)
December 2016 #165David Hamilton (David) died 10 February 2007. His last will dated 6 March 2006 (the will) named the first and second defendants (his solicitor and daughter respectively) as his executors and trustees. Under the terms of the will, subject to various legacies he left the residue of his estate (defined as ‘all my property of every kind, wherever situate’) to be held upon trusts for the primary benefit of his children Alan and Carolyn in equal shares. Under the trusts applicable to each share, Alan and Carolyn had a life interest in income, with remainder to their respective chil...
Re The Hanover Trust [2013] SC (Bda) 38 Civ
December 2016 #165A trustee (T) of Bermudian trusts applied to the Bermudian court by an originating summons for directions. The originating summons named the settlor and principal beneficiaries as defendants. The application invoked the Bermudian court’s supervisory jurisdiction over Bermudian trusts.
The issue arose as to whether T needed leave to serve the originating summons on four overseas resident defendants.
Held:
- 1) Leave for service of an originating summons out of the jurisdiction is not required for non-contentious applications by Bermudian trustees for directions ...
High Commissioner for Pakistan in the United Kingdom v Prince Mukkaram Jah, His Exalted Highness the 8th Nizam of Hyderabad [2016] EWHC 1465 (Ch)
December 2016 #165The underlying claim concerned monies deposited in a new bank account with the National Westminster Bank (the bank) in the name of Mr Rahimtoola, the High Commissioner for Pakistan in London between 16 and 20 September 1948 (the Fund). The monies deposited had belonged to the state of Hyderabad/the 7th Nizam (Hyderabad’s absolute monarch at the time). The state of Hyderabad had been annexed to India between 13 and 18 September 2016. The underlying claim had been brought by Pakistan against the bank. A number of other defendants claiming an interest in the fund had been joined. Consequent...
Pemberton v Pemberton & ors [2016] EWHC 2345 (Ch)
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...
Salinger & anr v HMRC [2016] UKFTT 677 (TC)
December 2016 #165Donald Paiba Salinger (deceased), who was domiciled in the UK, sought to reduce the inheritance tax burden which would arise on his death by acquiring a reversionary interest in an offshore trust on the basis that it would qualify as excluded property (s48(1) of the Inheritance Tax Act 1984) and then transfer that reversionary interest to the trustees of the Donald Salinger Family Trust (DSFT) on the basis that no loss to the estate would be caused and thus not constitute a transfer of value. These transactions took place before legislation designed to block similar tax...