Trusts (Capital and Income) Bill

Excerpt from section 1 of the Trusts (Capital and Income) Bill (currently in the Lords):

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Inheritance (Cohabitants) Bill

Does the Inheritance (Cohabitants) Bill, currently in the Lords, allow more than one qualifying cohabitant to take on intestacy or apply under the Inheritance (Provision for Family and Dependants) Act 1975?

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Tamlin v Edgar

Where trustees make an application to the court for an order within the second category described by Hart j in Public Trustee v Cooper [2001] WTLR 901, at 923, the fact that the decision was momentous and was that of the trustees, and not of the court, made it important that "the court was put into possession of all the relevant facts so that it might be satisfied that the decision of the trustees was both proper and for the benefit of the appointees and advancees".

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Cripps Trust Corporation Ltd v Sands

The testator conferred on his will trustee a power of appointment over his collection of valuable paintings. The objects of the power were various named institutions. The testator left the remainder of his estate to be divided amongst his three grandchildren absolutely.

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Barrett v Bem

The deceased, who was in hospital, wished to make a will. His niece wrote out a will document in manuscript, leaving everything to her mother, Anne, who was the deceased's sister. There were two trials (the second after an appeal) and the evidence about the execution was inconsistent. At the end, the judge held that Anne had tried to steady the deceased's hand as he signed, but then took the pen and signed the will on his behalf.

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Marley v Rawlings upheld

Mr and Mrs Rawlings made wills in almost identical terms; each appointed the other, if survived by him or her, to be executor and take the whole estate. In each case, if the other had not survived, then Mr Marley was appointed executor and universal beneficiary. Unfortunately, Mr Rawlings executed the will intended for Mrs Rawlings, and she the will intended for him.

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Perdoni v Curati

The terms of the previous will were not revoked by the later will, which did not contain an express revocation clause, having regard to the presumption against implied revocation.

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Intestacy and Family Provision Claims on Death

The Law Commission's report on Intestacy and Family Provision Claims on Death was published today.

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