Trust/Estate Disputes
Draft Trustees' Powers Bill issued
Written by Katie Mundy
The Government is proposing to change the current rules on intestacy. The proposed new rules are contained in the draft Inheritance and Trustees' Power Bill1 and this follows the recommendations of the Law Commission in December 2011.
Presumption of Death Act 2013
Written by Katie Mundy
The Presumption of Death Act 20131 (the Act) was given Royal Assent on 26 March 2013. This follows a campaign by the Charity Missing People and a House of Commons Justice Committee Report.
Case Summary: KGS v JDS [2012] EWHC 302 (COP): trust fund for minor
Written by Katie Mundy
In this case, the Court of Protection was asked to consider creating a trust, funded from damages awarded to an injured child, with the beneficiaries being the parents of that child.
Read more: Case Summary: KGS v JDS [2012] EWHC 302 (COP): trust fund for minor
Case Summary: Paynter and Darling v Hinch [2013] EWHC 13 (Ch) : lack of knowledge and approval
Written by Katie Mundy
In this case1 the claimants challenged the validity of the Will on the grounds of lack of knowledge and approval.
Case Summary: Jeffery v Jeffery & Anor (2012) 156 (43) SJLB 39 : will dispute
Written by Katie Mundy
On a claim brought by the executors there was no evidence to support allegations that the testator had lacked testamentary capacity when she made her last Will nor had she made it under undue influence.
Read more: Case Summary: Jeffery v Jeffery & Anor (2012) 156 (43) SJLB 39 : will dispute
Case Summary: Howard v Howard Lawson [2012[ EWHC 3258 (Ch): trust dispute
Written by Katie Mundy
In this case1, the court dismissed allegations of fraud and undue influence by a remainderman against the life tenant regarding a trust in respect of the Corby Castle estate in Cumbria. However, the remainderman was entitled to call for a conveyance of certain ground rents which had vested in the life tenant as trustee for him. But was it worth it?
Read more: Case Summary: Howard v Howard Lawson [2012[ EWHC 3258 (Ch): trust dispute
Case Summary: Williams v Wilmot [2012] EWHC 2211 (Ch): testamentary capacity
Written by Katie Mundy
C is a beneficiary under a Will dated 5 December 2003 made by Dr Cecil Monk (M). C was represented by M’s solicitor (B) of many years, a very experienced private client practitioner who also held an EPA for him under which B was appointed attorney.
Read more: Case Summary: Williams v Wilmot [2012] EWHC 2211 (Ch): testamentary capacity
Case Summary: C v D [2012] EWHC 3214 (Ch): undue influence
Written by Katie Mundy
Can a defendant’s spent conviction be taken into account by a court when considering a claim challenging the validity of a Will on the ground of undue influence?
Read more: Case Summary: C v D [2012] EWHC 3214 (Ch): undue influence
Case Summary: Executors in the estate of Bernard Trevor Matthews deceased v Matthews & Ors [2012] 109(35) L.S.G. 20
Written by Katie Mundy
Bernard Matthews died leaving a villa in France and an estate in the UK. Despite knowing of his wish that his mistress receive the villa, most of his children refused to waive their right under the forced heirship rules, and sought payment of the IHT due from his English estate.
Case Summary: David Michael James Brundell – Bruce, Earl of Cardigan v John Moore and Wilson Cotton [2012] EWHC 1024 (Ch)
Written by Katie Mundy
This case1 considers trustees rights to deal with trust assets and a trustee self dealing.
Case Summary: Bradbury & Ors v Taylor & Ors [2012] EWCA Civ 1208
Written by Katie Mundy
Husband and wife successfully seek ownership of their deceased uncle’s home following a proprietary estoppel claim. They gave up their own home to live with the deceased on the promise his home would be left to them.
Read more: Case Summary: Bradbury & Ors v Taylor & Ors [2012] EWCA Civ 1208
Will, trust and estate dispute update - Autumn 2012
Written by Russell Simpson
In this edition we look at the case of Lilleyman v Lilleyman (2012) EWHC 821 (Ch), a recent case that provides interesting guidance in connection with what constitutes reasonable financial provision for a spouse where there is a substantial amount of money but a short marriage. The case additionally provides guidance upon costs awards under the Inheritance (Provision for Family and Dependants) Act 1975. We also compare Lilleyman with the recent divorce case of AR v AR (2012) WTLR
Read more: Will, trust and estate dispute update - Autumn 2012
Case note: Ibuna & Anr v Arrayo & Anr [2012] EWHC 428 (Ch)
Written by Katie Mundy
This case1 considered who has the right to take possession of a body. The factors considered were the life partner and deceased’s wishes, s.116 Senior Courts Act 1981, special circumstances and the letters of administration.
Read more: Case note: Ibuna & Anr v Arrayo & Anr [2012] EWHC 428 (Ch)
Berry and Anr v IBS-STL Ltd (in liquidation) EWHC 666 (Ch) - charitable gift
Written by Katie Mundy
This case1 looks at s.311 of the Charities Act 2011 and the wording of a Will.
Read more: Berry and Anr v IBS-STL Ltd (in liquidation) EWHC 666 (Ch) - charitable gift
More Articles...
- Case Summary: AR v AR [2012] WTRL 373: variations to Duxbury calculations
- Case summary: Wharton v Bancroft, Bancroft, Wharton, Fagan and Wharton [2011] EWHC (Ch) 3250
- Case Summary: Perdoni v Curati [2011] EWHC 3442 (Ch)
- Mixed-up mirror Wills are invalid
- Testamentary capacity not affected by brain tumour
- Case Summary: Barrett v Bem [2012] EWCA Civ 52
- Case summary: Howard v Howard – Lawson [2012] EWCA Civ 6
- Will dispute - want of knowledge and approval
- Removal of Executor - Khan v Crossland
- Trust Dispute - Alexander v Alexander [2011] EWHC 2721 (Ch)
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