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Recent judgement – A&R Contentious Trusts and Probate

07 October 2019

Adams & Remers’ Contentious Trust and Probate team were recently involved in the following case and judgement:

(1) ABC (2) DEF (3) GHI v JKL

Lloyd Junor, Partner at Adams & Remers LLP recently acted for the Defendant beneficiary in this published case.

The case was for rectification (or amendment) of a Deed of Appointment.

A mistake had been made by the trustees of the beneficiary’s settlement when, in 2010 they sought to extend the beneficiary’s life interest. 

Unfortunately the Deed of Appointment spectacularly failed to achieve this objective, and it caused significant tax liabilities.  The Deed also failed, contrary to intention, to include provisions enabling the trustees to provide for the beneficiary’s partner and children.

The court accepted that the Deed should be amended to properly reflect the trustees’ intentions, putting the matter back to the original intended position.

This is another example (of which a number have been made recently), where the court has been prepared to step in and assist trustees in remedying a defective instrument.

For further information, please contact Lloyd Junor on 01273 403275.Recent Judgement (1)ABC (2) DEF (3) GHI v JKL [2019] EWHC 2416 (Ch)


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