Henrietta Mason & Paola Fudakowska provide a wills & probate update
In Rawstron v Freud [2014] EWHC 2577 (Ch), [2014] All ER (D) 14 (Aug), Lucian Freud made his last will on 10 May 2006. It was professionally drawn up and the residue was left as follows: “I give all the residue of my estate (out of which shall be paid my funeral and testamentary expenses and my debts) and any property over which I have a general power of appointment to the said Diana Mary Rawstron and the said Rose Pearce jointly.”
Pearce was one of Freud’s daughters. Rawstron was Freud’s solicitor. She had worked for him since 1986 and for the 20 years before he died had had almost daily contact with him. The will also appointed the two women as sole executors.
Mr Freud died on 20 July 2011 leaving a net estate of around £42m.
Pearce and Rawstron claimed to be absolutely entitled to the residuary estate, while also making clear that this gift of residue was subject to a trust imposed by Freud,
