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18 February 2022 / Mark Pawlowski
Issue: 7967 / Categories: Features , Wills & Probate
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Trust law miscellany

Mark Pawlowski looks at some unusual English cases in equity & trust law

Capricious trusts

In Brown v Burdett (1882) 21 Ch D 667, the testatrix left her house to trustees upon trust to block up all the windows and doors in every room (except those in which she directed that a housekeeper and his wife should reside) for a period of 20 years and thereafter the property was to pass to the beneficiaries named in her will. The judgment of Bacon VC is, to say the least, succinct: ‘I think I must ‘unseal’ this useless, undisposed of property’. The case highlights the fundamental question of how far it is open to a testator to divert property by his will from family and dependants purely on the basis of some eccentric notions of vanity or self-expression.

Proprietary estoppel

In the context of a claim based on the doctrine of proprietary estoppel, the legal owner’s assurance may take a variety of different forms and a claim will not fail simply because the right

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MOVERS & SHAKERS

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

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