Trusts Newsletter – Summer 2024

A digest of some interesting cases over the last 6 months:-

  • Trusts
  • Tax
  • Wills
  • Probate

TRUSTS – Folds Farm Trustees Ltd v. Cutts [2024] EWHC 12 (Ch)

‘It is inherent in a discretionary trust that some beneficiaries may be treated more favourably than others’.

PROBATE – Kenig v. Thomson Snell & Passmore LLP [2024] EWCA Civ 15

It is open to a beneficiary to challenge legal fees, even though already paid from estate funds, under s.71(3) Solicitors Act 1974.

TRUSTS – Savage v. Savage [2024] EWCA Civ 49

Section 15(3) TOLATA 1996 ‘does not expressly, or by implication, exclude the circumstances and wishes of the minority of beneficiaries by value from being taken into account by the court’.

PROBATE, WILLS – Rea v. Rea & Ors [2024] EWCA Civ 169

No undue influence where coercion has not been shown to have been ‘more probable than any other possibility’.

TAX – Haworth & Ors v. HMRC [2024] UKUT 58 (TCC)

When identifying the place of effective management of a trust for the purposes of Capital Gains Tax and the ‘Round the World’ tax planning scheme, the correct test is that set out in HMRC v. Smallwood [2010] EWCA Civ 26.

TRUSTS – Brealey v. Shepherd & Co [2024] EWCA Civ 303

Professional trustees’ entitlement to reasonable remuneration under s.29 Trustee Act 2000 relies on the agreement in writing of each trustee including those executors to whom power was reserved.

WILLS – Dryden v. Young & Ors [2024] EWHC 1095 (Ch)

Gifts to seven charities within a Will with incorrect names, incorrect addresses, or both, are all declared valid gifts.

To read more about Charles, please see his Chambers profile here.