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
