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Earnshaw and Others v Hartley: CA 31 Mar 1999

An administrator de son tort, who was also a beneficiary, held the estate property on trust, and so could not establish adverse possession against the estate during the period of trusteeship. He held a sufficient interest in the assets already. A delay in the application for the grant did not apply where time had not … Continue reading Earnshaw and Others v Hartley: CA 31 Mar 1999

Re Erskine 1948 Trust: ChD 29 Mar 2012

The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012

Inland Revenue v The Westleigh Estates Co Ltd; Inland Revenue v The South Behar Railway Co Ltd; The Inland Revenue v The Eccentric Club, Ltd: HL 19 Feb 1925

Corporation Profits Tax – Company carrying on trade or business or similar undertaking – Company formed for more convenient administration of family estates-Company in receipt of annuity as consideration for constructing a railway. – Company carrying on social club-Mutual trading concern-Finance Act, 1920 (10 and 11 Geo. V, c. 18), Section 52. Citations: [1925] UKHL … Continue reading Inland Revenue v The Westleigh Estates Co Ltd; Inland Revenue v The South Behar Railway Co Ltd; The Inland Revenue v The Eccentric Club, Ltd: HL 19 Feb 1925

Re King’s Will Trusts, Assheton v Boyne: ChD 1964

An assent by personal representatives is ‘the instrument or act whereby a personal representative effectuates a testamentary disposition by transferring the subject-matter of the disposition to the person entitled to it’, and must be in writing even if the assent is by the executors in their own favour as trustees. There had to be a … Continue reading Re King’s Will Trusts, Assheton v Boyne: ChD 1964

In re Hooper’s Settlement, Phillips v Lake: CA 1943

A 1912 settlement created a trust ‘for such person or persons as would have become entitled to the settled fund under the statutes for the distribution of the personal estate of intestates at the death of the settlor had he died possessed thereof intestate and without having married’. It was argued that this meant the … Continue reading In re Hooper’s Settlement, Phillips v Lake: CA 1943

Re Sigsworth: Bedford v Bedford: 1935

The court was asked to answer a question on the assumed premise that a woman had been murdered by her son and had died intestate. The question for decision was whether the forfeiture rule prevented the son from benefiting under the intestacy provisions of the 1925 Act. Held: Clauson J said that the forfeiture rule … Continue reading Re Sigsworth: Bedford v Bedford: 1935

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

The Official Solicitor To The Senior Courts v Yemoh and Others: ChD 15 Dec 2010

The deceased had died intestate in 1985, and the administration concluded only lately by the Official Solicitor, who now sought guidance from the court on the administration of the estate, given that he had been party to eight customary polygamous (but lawful) marriages, with associated numbers of children. Judges: Elleray QC J Citations: [2010] EWHC … Continue reading The Official Solicitor To The Senior Courts v Yemoh and Others: ChD 15 Dec 2010

In Re DWS, Deceased, In Re EHS, Deceased, TWGS (A Minor) v G and Others: CA 22 Nov 2000

The infant child of a deceased parent who had murdered the child’s grandparents, would not inherit on the intestacy. The grand-child was disinherited by his father’s act. His right to inherit was to inherit the share his deceased parent would have taken, and that parent was disinherited. The words of the Act were not ambiguous, … Continue reading In Re DWS, Deceased, In Re EHS, Deceased, TWGS (A Minor) v G and Others: CA 22 Nov 2000

Wright and Another v Gater and Others: ChD 7 Nov 2011

The beneficiary, a child was to inherit estates of his grandparents and parents, all of which were intestate. An application was made to vary the provisions in order to reduce the liability to Inheritance Tax. Held: A deferment of vesting might constitute a ‘benefit’ for the purposes of the 1958 Act, but it was an … Continue reading Wright and Another v Gater and Others: ChD 7 Nov 2011