Principles of Secret Trusts Reviewed in Freud Estate Dispute

The High Court has held in Rawstron and Anor v Freud [2014] EWHC 2577 (Ch) that a gift in the last will of the artist Lucian Freud took effect as an absolute gift to two named individuals in their personal capacities absolutely and was not given to them on trust under the will. However, the court heard…

Inheritance and Trustees’ Powers Act 2014 receives Royal Assent

The long awaited Inheritance and Trustees’ Powers Act 2014 (ITPA) received Her Majesty’s Royal Assent on 14th May 2014 and will make important changes to: the intestacy rules, the Inheritance (Provision for Family and Dependants) Act 1975; and sections 31 and 32 of the Trustee Act 1925 A commencement date has not yet been announced…

Wrongly Executed Will Can be Rectified – Marley v Rawlings & Anor [2014] UKSC 2

The UK Supreme Court has held in Marley v Rawlings and another [2014] UKSC 2 that a mirror will signed by the wrong spouse can be rectified under section 20(1)(a) of the Administration of Justice Act 1982, on the basis that the solicitor who handed the wrong will to each spouse to sign made a…

Refresher on Abatement of Legacies – Petterson v Ross [2013] EWHC 2724

The case of Petterson v Ross [2013] EWHC 2724 (Ch) is a recent and useful summary of the correct approach to be taken where there are insufficient assets in an estate to pay specific legacies. The case is useful for will drafters and contentious probate practitioners alike. The case is a useful refresher of the…

Government Drops Additional Jurisdictional Gateway for 1975 Act Claimants

On 22 October 2013, during the Lords’ second reading of the Inheritance and Trustees’ Powers Bill [HL] 2013-14, Lord McNally announced that he intended to table a government backed amendment to the Bill removing a provision allowing individuals who are habitually resident in England and Wales to bring a claim under the Inheritance (Provision for…

Illegitimate Daughter Fails in Will Challenge – Re Devillebichot (Deceased)

A recent decision of Mark Herbert QC, sitting as a deputy High Court judge of the Chancery Division, dismissed a daughter’s claim to overturn her father’s will. The decision affirms the leading decision of Wharton v Bancroft [2011] EWHC 3250 (Ch) in cases based upon want of knowledge and approval. The decision, reported as Re…

A Summary: Inheritance and Trustees’ Powers Bill

Following consultation in 2009 and 2011, the Law Commission published a report entitled “Inheritance and Family Provision Claims on Death” in December 2011. This set out recommendations for reform of the law and included the draft Inheritance and Trustees’ Powers Bill. The proposals contained in the Bill will be of significance for all residuary beneficiaries…