Graham’s death and the immediate aftermath
Graham’s death and the immediate aftermath
Graham was diagnosed with pancreatic cancer in September 2016. He was given a poor prognosis. Naturally this seems to have accelerated him putting his affairs into order.
Graham signed his letter of wishes in November 2016. Paddy, Nathan, and Leah (along with Philip Wood and Richard Talbot) were appointed as directors of Millpledge Limited (the main UK trading company) on 14 December 2016. They seem then to have taken up their roles as directors.
Graham died on 22 February 2018. After his death, the Trustees began to implement Graham’s wishes:
Graham’s office was converted into an office for the Trust under the supervision of his secretary, Ms Soulsby.
Paddy was appointed as the Chairman of the board of Millpledge. That position was formalised via an employment contract dated 11 April 2018, employing Paddy for an initial annual salary of £6,000 (together with an additional consultancy fee).
After it was discovered that no directors other than Graham had been appointed to the board of Millpledge Group Limited (the group holding company), Nathan, Leah, Paddy, Mr Talbot, and Mr Wood were appointed.
The Trustees took legal advice. That legal advice has been disclosed save insofar as it relates to Suzanne’s Inheritance Act claim, in respect of which the advice as to how the Trustees should respond to the claim has been redacted. The Claimants submitted that the redaction of the legal advice was unsatisfactory and struck at the admissibility of the evidence. I disagree – in circumstances in which Suzanne and the Trustees were on opposite sides of the Inheritance Act claim, it was appropriate and indeed inevitable that the legal advice taken by the Trustees in respect of the claim would be redacted, because it remains privileged against Suzanne.
Probate of Graham’s will was granted to the Trustees on 28 December 2018.
- Heading
- Deputy Master Holden
- Factual Background
- The parties
- Graham’s will
- The letter of wishes
- Graham’s death and the immediate aftermath
- Suzanne’s Inheritance Act claim
- Breakdown in relations at Millpledge
- These proceedings
- Legal principles
- The source of the jurisdiction
- The applicable test
- Grounds for removal or replacement
- The exercise of the jurisdiction
- Resolving disputed issues of fact
- Grounds of removal
- Discussion and disposal Ground 1 – alleged breach of the duty to notify
- Ground 2 – alleged failure to keep and provide accounts
- Ground 3 – alleged failure to act fairly and disinterestedly in the administration of the Trust
- Ground 4 – alleged failure to exercise independent oversight of the company
- Ground 5 – alleged breach of trust in allowing a non-beneficiary to occupy trust property
- Ground 6 – breakdown in relations / hostility
- Overall evaluative exercise
- Conclusions
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