Jane Sharman Hilton & Anor v Stephen Howard Woolfe & Anor

Jane Sharman Hilton & Anor v Stephen Howard Woolfe & Anor

The defendants are the current Rutland Trustees of the Rutland Trust, which was constituted upon grant of probate on 30 August 2002; there was an implied assent of the deceased’s share in the Property to the Rutland Trust by 17 January 2008; the defendants hold the deceased’s share in the Property under the Rutland Trust; the application for summary judgment and strike out is dismissed; the defendants are entitled to seek indemnity before retirement.

Parties
Claimant: Jane Sharman Hilton; Claimant: Jacqueline Clare Cosnier; Defendant: Stephen Howard Woolfe; Defendant: Mark Kenneth Dunkley
Jurisdiction
England and Wales
Judgment Date
09 December 2025
Procedural Posture
Civil / Post Summary Judgment and Counterclaim Determination
Outcome
Application for summary judgment and strike out dismissed; counterclaim permitted; defendants declared Rutland Trustees; implied assent of deceased’s share in Property to Rutland Trust found.
Legal Topics
Constitution of Testamentary Trusts, Appointment and Retirement of Trustees, Assent of Estate Assets, Summary Judgment, Strike Out, Indemnity for Trustees, Inheritance Tax Liability
Trusts Probate Property Constitution of Testamentary Trusts Appointment and Retirement of Trustees Assent of Estate Assets Summary Judgment Strike Out +2 more

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Parties

Jane Sharman Hilton

Claimant

Jacqueline Clare Cosnier

Claimant

Stephen Howard Woolfe

Defendant

Mark Kenneth Dunkley

Defendant

Procedural Posture

Civil / Post Summary Judgment and Counterclaim Determination

Legal Issues

  1. 1 Whether the defendants are the Rutland Trustees under the will trust
  2. 2 Whether the Rutland Trust was properly constituted
  3. 3 Whether there was an implied or express assent of assets to the Rutland Trust

Ratio Decidendi

The defendants are the current Rutland Trustees of the Rutland Trust, which was constituted upon grant of probate on 30 August 2002; there was an implied assent of the deceased’s share in the Property to the Rutland Trust by 17 January 2008; the defendants hold the deceased’s share in the Property under the Rutland Trust; the application for summary judgment and strike out is dismissed; the defendants are entitled to seek indemnity before retirement.

Court Disposition

Application for summary judgment and strike out dismissed; counterclaim permitted; defendants declared Rutland Trustees; implied assent of deceased’s share in Property to Rutland Trust found.

Orders

  • Defendants permitted to advance counterclaim for directions.
  • Declaration that defendants are Rutland Trustees.