Estates disputes

Wills interpreted according to their ordinary and natural meaning despite this not reflecting testators’ intention

The English High Court has recently held that, in a case concerning construction of Wills, the ordinary and natural meaning of survivorship clauses should be given effect to.[1] This operated to mean that certain beneficiaries under the Wills of a … Continue reading

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Filed under Estates disputes, London

Widow removed as administratrix after persistent breaches in administering the estate

The Hong Kong Court has recently ordered the removal of an administratrix, who was the widow of the deceased, after finding she had misappropriated and converted the estate to her own use, repeatedly breached Court orders and had failed to … Continue reading

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Filed under Estates disputes, Hong Kong and Singapore, Private wealth and trusts

English High Court confirms that a claim for financial provision from an estate does not survive death of the applicant

Under English law (and the law of many countries with similar legal systems), a dependent of a deceased person can – subject to various conditions – apply to Court for a payment out of the deceased's estate. The basis of this … Continue reading

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Filed under Estates disputes

Deceased’s “husband” and daughter both unable to obtain letters of administration

The English High Court has recently refused to grant letters of administration to a deceased's daughter (the "Claimant") despite her having the highest entitlement to the deceased's estate.[1] The dispute involved a challenge by the alleged widower of the deceased … Continue reading

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Filed under Estates disputes, Hong Kong and Singapore, Private wealth and trusts

Judge sentenced to six months’ jail by Nottingham Crown Court for forgery of a will and fraud

A former solicitor and disability claims tribunal judge, and her husband, forged a will and letter to obtain two adjacent cottages in order to create one, large retirement home for themselves. On conviction, they were sentenced to six month's jail, … Continue reading

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Filed under Estates disputes, Private wealth and trusts

Family dispute over the setting-up of a trust rejected because plaintiff consented to the trust at the time of establishment

In a recent case, the Singapore High Court has held that a plaintiff's agreement to the setting-up of a trust to protect a family's wealth (including the assets of a deceased family member) was a valid defence for a defendant … Continue reading

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Filed under Estates disputes, Hong Kong and Singapore, Private wealth and trusts, Trust disputes

Jersey Court gives directions to trust company under the Foundations (Jersey) Law 2009

The Royal Court of Jersey has recently heard the second application under the Foundations (Jersey) Law 2009 (the “Foundations Law”). The Application was from a trust company in its capacity as the sole council member of a set of foundations … Continue reading

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Filed under Estates disputes, Offshore, Private wealth and trusts

Court finds father cannot alter his will to stop son inheriting the family farm

The English High Court has recently found that a father could not change his Will so as to prevent his son receiving sole ownership of a family farm. [1] The farm had been promised to the son over the course … Continue reading

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Filed under Estates disputes

New Zealand Court consider the scope of legal advice privilege as between beneficiary and trustee

In Burgess v Monk [2016] NZHC 527, the New Zealand High Court has held that the principle that, in matters relating to the administration of a trust there can be no legal advice privilege as between trustee and beneficiary, also … Continue reading

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Filed under Estates disputes

London High Court determines jurisdiction in succession dispute

In Winkler and Another v Shamoon and Others [2016] EWHC 217, the London High Court held that it did not have jurisdiction to determine a claim to entitlement to certain shares held by a deceased Israeli businessman. In its decision, … Continue reading

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Filed under Estates disputes, Jurisdiction