Public Trustee v Butler & Anor

Public Trustee v Butler & Anor

Clause 6 of the will contains powers only, not trusts, and both the scholarship and hardship powers fail for uncertainty due to the absence of the required list and the vagueness of 'deserving'.

Parties
Claimant: The Public Trustee; First Defendant: Andrew Hugh Butler; Second Defendant: Manju Choudhuri
Jurisdiction
England and Wales
Judgment Date
03 April 2012
Procedural Posture
Part 8 Claim / Judgment
Outcome
Powers in clause 6 fail for uncertainty; other questions do not arise.
Legal Topics
Construction of Will, Certainty of Beneficiaries, Powers Vs Trusts, Partial Intestacy
Trusts Wills Estate Administration Construction of Will Certainty of Beneficiaries Powers Vs Trusts Partial Intestacy

Case Brief

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Parties

The Public Trustee

Claimant

Andrew Hugh Butler

First Defendant

Manju Choudhuri

Second Defendant

Procedural Posture

Part 8 Claim / Judgment

Legal Issues

  1. 1 Whether clause 6 of the will creates a trust or only powers
  2. 2 Whether the class of beneficiaries for scholarships is sufficiently certain
  3. 3 Whether the power to assist deserving materially hardship cases among relatives is sufficiently certain

Ratio Decidendi

Clause 6 of the will contains powers only, not trusts, and both the scholarship and hardship powers fail for uncertainty due to the absence of the required list and the vagueness of 'deserving'.

Court Disposition

Powers in clause 6 fail for uncertainty; other questions do not arise.

Orders

  • Paragraphs 2 to 5 of the claim form to be dealt with upon hand down of judgment based on draft order by Public Trustee.
  • Public Trustee to explain delay between widow's death and claim issue.