header-logo header-logo

30 March 2008 / Paola Fudakowska , Adam Cloherty , Paula Hewitt
Issue: 7266 / Categories: Features , Wills & Probate
printer mail-detail

Wills and probate

Service out of jurisdiction, Making wills for family members, Lifetime gifts

CONSTRUCTION

Thomas v Kent [2006] EWCA Civ 1485, [2006] All ER (D) 57 (May)

John Jones died in 1944 leaving a will which provided for an ultimate trust, to take effect after successive life interests, “unto my brothers (excluding and excepting my brother David Jones) and sisters in equal shares, the shares of any deceased brother or sister to be taken by his or her children in equal shares”.

The deceased was one of 11 children. When the will was executed the excluded brother and three sisters were known to be alive. In 1992 the estate became subject to the ultimate trust. The trustees applied to the court to establish how the fund should be distributed. The trustees’ view was that descendants of all the brothers and sisters (excluding David Jones) should benefit.

Pauline Kent, a partner in a firm of solicitors, was joined as a defendant to the proceedings to represent those who would benefit if ‘brothers and

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

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll