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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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