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
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
The executor sought to appeal an order made on behalf of a residuary beneficiary that he produce accounts in an estate. The order had been made in his absence, and with a costs order. Held: To avoid a breach of natural justice, time should be extended to allow an appeal. Judges: Baron DBE J Citations: … Continue reading CI v NS: FD 19 Mar 2004
A tenant of an agricultural holding died intestate leaving her son and daughter in actual possession. Almost two months after the tenant’s death and before any Grant of Letters of Administration the landlord served a notice to quit addressed to the executors of the late tenant. The son and daughter received the notice. They claimed … Continue reading Egerton v Rutter: CA 1951
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
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
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
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
Regarding service of notices on the Public Trustee under Administration of Estates Act 1925. . .
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 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
The defendant appealed against an order that he held land on a bare trust for the claimant as personal representative of the deceased. He had acquired the land under survivorship. The court found that the land had been put into joint names under an assent for administrative convenience only and not by way of gift. … Continue reading Lui v Chong: CA 21 Apr 2010
Citations: [2015] EWCA Civ 826 Links: Bailii Statutes: Administration of Estates Act 1925 46 47 Jurisdiction: England and Wales Wills and Probate, Land Updated: 26 July 2022; Ref: scu.558704
The husband owned the family home. In a home-made will, he left it ‘in trust for’ his wife. She died leaving differing proportions to each child. On her death the children sought a declaration from the court as to their respective interests. Held: The gift was left in trust for the wife under a life … Continue reading Harrison v Gibson: ChD 21 Dec 2005
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
The deceased owned an apartment subject to a mortgage. He left it in his will to his fiancee. There was a dispute as to whether the property was left subject to the mortgage. He had taken out an endowment policy to repay the mortgage on his death. Held: The Act provided that the property should … Continue reading In re Ross, deceased: ChD 10 Nov 2004
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