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Suzanne’s Inheritance Act claim
Suzanne’s Inheritance Act claim
Suzanne brought a claim for financial provision from Graham’s estate pursuant to the Inheritance Act. That claim was subsequently settled on confidential terms that were annexed to a Tomlin Order. For the purposes of this judgment, all that need be said about those terms is that Suzanne’s interest as a discretionary beneficiary of the Trust has been replaced with a right to receive fixed, regular distributions. The Trustees therefore no longer have any discretion to exercise in relation to Suzanne.
- 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