Tag Archives: UK court decisions

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

Akers v Samba: Trusts over foreign assets

The UK Supreme Court has held that the extinction of a company's beneficial interest under a trust on the transfer of an asset by the trustee to a bona fide purchaser without notice does not constitute a "disposition" under section … Continue reading

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Filed under Private wealth and trusts, Trust disputes

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

The English High Court pierces the corporate veil using the “evasion principle”

In Paul David Wood & Anor v Timothy Darren Baker & Ors, the joint trustees in bankruptcy of the bankrupt's property successfully obtained injunctions freezing the assets and business of the respondents and restraining them from dealing with such assets … Continue reading

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Filed under Private wealth and trusts

Interpretation or rectification — when and how can the Court uphold an unclear Will according to the testator’s intentions

In In the matter of the Estate of Florence Rosemary Harte (Deceased) ("Re Harte"), the English High Court had to decide when and how to interpret and rectify a Will to reflect the testator's true intentions. Re Harte affirmed the … Continue reading

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Filed under Private wealth and trusts

England: Extending Mareva injunctions to trustees

Herbert Smith Freehills Disputes Notes has already reported on the litigation between JSC Mezhdunarodniy Promyshlenniy Bank (Mezhprom) and Sergei Viktorovich Pugachev (Mr Pugachev) (see our article of 27 November 2014) . In a new decision, the Court has extended the … Continue reading

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Filed under Private wealth and trusts

English High Court upholds disclosure order regarding interests of a beneficiary under discretionary trusts

In JSC Mezhdunarodniy Promyshlenniy Bank and Another v Sergei Viktorovich Pugachev and Others [2014] EWHC 3547 (Ch), the English High Court upheld a disclosure order against one of the beneficiaries of discretionary trusts (granted as part of a worldwide freezing … Continue reading

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Filed under Private wealth and trusts

English Court of Appeal confirms account of profits available as remedy for dishonest assistance

Some, if not quite born trustees, are appointed as such at the outset of a trust. Some achieve trusteeship at some later stage. And some have some aspects of trusteeship thrust upon them. Within this third category are strangers to … Continue reading

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Filed under Private wealth and trusts

English High Court considers the effect of invalidly appointed trustees

In Jasmine Trustees Ltd v Wells & Hind (A Firm) [2007] EWHC 38, the High Court of England and Wales interpreted “individuals” in Section 37(1)(c) of the Trustee Act 1925 (“TA 1925“) as meaning natural persons and not corporations. Accordingly, … Continue reading

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Filed under Private wealth and trusts

Giving gifts to parents

The recent English case of Re AK (Gift Application) [2014] EWHC B11 (COP) concerned a deputy, appointed to manage a child’s property and affairs, seeking guidance from the court over an application for a gift to be made from the … Continue reading

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Filed under Private wealth and trusts