header-logo header-logo

27 November 2008 / Paola Fudakowska , Paul Hewitt
Issue: 7347 / Categories: Features , Wills & Probate
printer mail-detail

Update from the courts

Paul Hewitt & Paola Fudakowska discuss recent cases

In Jones and others v Firkin-Flood and another [2008] EWHC 2417 (Ch), [2008] All ER (D) 175 (Oct) the deceased (D) made a will in 2001, under which he appointed as executors his solicitor, one of his sons (I), and two employees of the family business and longstanding friends. The assets in his estate were the shares in the family companies and the family home. The main issues before Mr Justice Briggs were the contested distribution of the estate between D’s children and the conduct of the trustees. The judge dismissed the counterclaim by I’s brother and sister that there was an agreement made between them at the time the will was executed that the estate would be divided equally between them.

Trustees’ conduct
In relation to the trustees’ conduct the judge found that the trustees failed to ascertain the nature and extent of their duties and no trust accounts were ever prepared. Additionally, the trustees failed to supervise the management of the trust companies so completely that when I decided independently to sell

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll