The deceased was an English scientist who died domiciled in Texas. His beneficiaries in England executed a deed of variation, but this would not be recognised in the law of Texas. The will expressly stated it was subject to the laws of England. Texan law would override this.
Held: The essential validity of a will in so far as it relates to movables is governed by the law of the domicile at death. The question was however as to the applicability of the rule in Saunders v. Vautier, which allowed sui juris beneficiaries to execute a variation. Here the convention applied. The express choice of law was limited to those matters over which the testator had the opportunity to choose. That did not apply to the trusts created by the will. However, the convention suggested because of the several remaining connections with England, that English law applied to the trust. The deed of variation was valid.
Mr Justice Lawrence Collins
[2002] EWHC 264 (Ch)
Bailii
Recognition of Trusts Act 1987, Hague Convention of 1985 on the Law Applicable to Trusts and their Recognition Art 6.1
England and Wales
Citing:
Cited – Saunders v Vautier 7-May-1841
A direction in a will stated that the income from certain shares was to be accumulated and invested until the beneficiary attained the age of 25. On attaining his majority at 21 years, the beneficiary sought termination of the trust, and transfer of . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 05 December 2021; Ref: scu.167736