header-logo header-logo

18 February 2022 / Mark Pawlowski
Issue: 7967 / Categories: Features , Wills & Probate
printer mail-detail

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

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

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft further builds national Professional Liability practice, hiring two partners in Bristol

NEWS
A child’s views can be taken into account during international child abduction proceedings, the Supreme Court has held
Small and medium-sized law firms have urged regulators to pause plans to exclude owner-managers from compliance officer roles
Lawyers have raised the alarm on employment tribunal delays and backlogs, with some cases facing a three-year wait for a hearing
The controversial assisted dying Bill has drawn to a halt after MPs defeated it by 286 votes to 270
MPs have called for legislation to protect against the human rights risks of artificial intelligence (AI)
back-to-top-scroll