Elizabeth May Ramus v Claire Louise Holt (as executor and beneficiary of the estate of Christopher Stewart Ramus)
| Jurisdiction | England & Wales |
| Judge | Mark West |
| Judgment Date | 08 September 2022 |
| Neutral Citation | [2022] EWHC 2309 (Ch) |
| Docket Number | Case No: PT-2021-LDS-000071 |
| Court | Chancery Division |
[2022] EWHC 2309 (Ch)
UPPER TRIBUNAL JUDGE Mark West
SITTING AS A JUDGE OF THE HIGH COURT
Case No: PT-2021-LDS-000071
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS IN LEEDS
PROPERTY, TRUSTS AND PROBATE LIST (Ch D)
IN THE MATTER OF THE ESTATE OF CHRISTOPHER STEWART RAMUS DECEASED
AND IN THE MATTER OF THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975
Cloth Hall Court,
Quebec Street,
Leeds LS1 2HA
Nicola Phillipson (instructed by Clarion Solicitors) for the Claimant
Thomas Entwistle (instructed by Raworths) for the First to Third Defendants (as executors and trustees)
Duncan Heath (instructed by Wilson Bramwell) for the First Defendant (as beneficiary)
Hearing dates: 7–8 June 2022
Approved Judgment
This judgment will be handed down by the Judge remotely by circulation to the parties' representatives by email and release to The National Archives. The date and time for hand-down is deemed to be 10:30 am on Thursday 8 September 2022.
Introduction
This is a claim by Elizabeth May Ramus (“Mrs Ramus”) under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) for reasonable financial provision from the estate of her late husband, Christopher Stewart Ramus (“Mr Ramus”).
The First Defendant, Claire Louise Holt (“Mrs Holt”), is the daughter of Mr and Mrs Ramus. She is both an executor and trustee of the estate of her late father under his will and a beneficiary under it. The Second and Third Defendants, Anthony John Armitage (“Mr Armitage”) and John Wilkinson Wardle (“Mr Wardle”) are both executors and trustees of Mr Ramus's will. Although both Mr Armitage and Mr Wardle have professional expertise which is relevant to their role as trustees (the former as an accountant and insolvency practitioner and the latter as a director of a wealth management company), they were also longstanding friends of Mr and Mrs Ramus. The Fourth Defendant, Alistair Stewart Ramus (“Alistair”), is the son of Mr and Mrs Ramus and a beneficiary under the will of his late father.
Mrs Ramus was represented by Miss Nicola Phillipson of counsel, Mrs Holt in her capacity as beneficiary by Mr Duncan Heath of counsel and Mrs Holt, Mr Armitage and Mr Wardle in their capacity as executors and trustees by Mr Thomas Entwistle of counsel. Alistair, although a party to the action, took no part in the trial of the action. He did not appear before me and was not represented.
Mrs Holt has 3 children and Alistair has 2 children, all of whom are minors.
Background
Mr Ramus died by his own hand in tragic circumstances on 23 June 2020. Mrs Ramus is his widow. She was born on 14 November 1944 and is now 77. They had been married for 48 years, although in 2019 Mrs Ramus had decided to end the marriage.
Mr Ramus made his last will on 30 April 2014. In its original form it appointed Mrs Holt and Mr Armitage as executors and trustees. However, Mr Ramus made three codicils, on 15 September 2015, 13 July 2017 and finally on 20 September 2019, changing the identity of the executor and trustees. By his third codicil he appointed Mrs Holt, Mr Armitage and Mr Wardle as his executors and trustees.
By his will Mr Ramus provided that his sporting equipment was to go to Alistair and his personal chattels to Mrs Ramus. By clause 7 he provided that a fund of £50,000 be set aside for his 5 grandchildren in equal shares, contingent on attaining the age of 25. By clause 8 he gave further pecuniary legacies in a total sum of £9,000. He had 5 grandchildren: Reggie Ramus (13) and Ellery Ramus (10), Alistair's children, and Rock Holt (7), Axel Holt (5) and Hunter Holt (5), Mrs Holt's children.
By clause 11 Mr Ramus provided that
“MY TRUSTEES shall hold my residuary estate upon the following trusts:
11.1 if my Wife shall survive me my Trustees shall pay the income of my residuary estate to my WIFE during her life
11.2 provided that my Trustees (being at least two in number) shall have power in their absolute discretion from time to time so long as my Wife is entitled to be paid the income (if any) of all or any part of the capital of my residuary estate
11.2.1 to pay transfer or apply the whole or any part or parts of such capital to her or for her benefit in such manner as they shall in their absolute discretion think fit and
11.2.2 to terminate by declaration contained in any deed or deeds her right to be paid the income (if any) of all or any part of the capital of my residuary estate from a date not earlier than the date of any such deed and so accelerate the trusts hereinafter contained or appointed under the powers hereinafter contained and in any such deed my Trustees may also declare that my Wife shall thenceforth cease to be among the Discretionary Beneficiaries (defined below) and be excluded from all benefit of any kind whatsoever in relation to the capital and income of such part of my residuary estate
11.2.3 subject as aforesaid my Trustees shall hold my residuary estate upon the trusts and with and subject to the powers and provisions of clause 12 below”.
By clause 12, so far as material, he provided that
“12.1 IN THIS clause the following expressions have the following meanings namely:
12.1.1 ‘the Trust Fund’ means:
12.1.1.1 my residuary estate
12.1.1.2 all money investments or other property paid or transferred by any person to or so as to be under the control of and in either case accepted by the Trustees as additions
12.1.1.3 all accumulations (if any) of income added to the Trust Fund and
12.1.1.4 all money investments and property from time to time representing the above.
12.1.2 ‘the Discretionary Beneficiaries’ means:
12.1.2.1 my children and remoter issue and
12.1.2.2 (subject to clause 1[1].2.2 above) my Wife
12.1.2.3 the said Royal National [Life] boat Institution and
12.1.2.4 such persons or Charities as are added under sub-clause 12.5.
12.1.3 ‘the Trust Period’ means the period of 125 years commencing on my death
12.1.4 ‘Charity’ means any Entity established only for the purpose regarded as charitable under the law of England a transfer of value to which would qualify in its entirety for exemption under section 23 of the Inheritance Act 1984
12.1.5 ‘Entity’ means any company partnership trust foundation establishment association or other body established or resident in any part of the world and whether or not it has a separate legal personality and/or corporate identity
12.2 My Trustees shall hold the Trust Fund and the income thereof upon trust for all or such one or more of the Discretionary Beneficiaries at such ages or times in such shares and upon such trusts for the benefit of the Discretionary Beneficiaries as [my Trustees] (being at least two in number) may by deed or deeds revocable or irrevocable executed at any time or times during the Trust Period appoint and in making any such appointment my Trustees shall have powers as full as those which they would possess if they were an absolute beneficial owner of the Trust Fund …”.
Thus, in summary, clauses 11 and 12 provided for Mr Ramus's residuary estate to be held on trusts under which:
(a) Mrs Ramus has a life interest;
(b) the trustees have power to apply capital for Mrs Ramus's benefit;
(c) the trustees also have power to terminate the life interest;
(d) subject to the life interest, the residuary estate (“the Trust Fund”) is held on flexible discretionary trusts for a class of “Discretionary Beneficiaries”, including Mr Ramus's children and remoter issue and Mrs Ramus (but subject to the trustees' power to exclude her from benefit).
On the same day as he made his third codicil, altering the identity of his executors and trustees, Mr Ramus also signed a letter of wishes by which he gave non-binding guidance to the trustees as to how he wished them to exercise their discretions. That guidance included the following:
“DISCRETIONARY TRUST OF RESIDUARY ESTATE: GENERAL AIM OF THIS GUIDANCE
1.1 In my Will I have appointed you as trustees of my residuary estate, which subject to the life interest for my wife, Elizabeth May Ramus (‘Liz’), you hold on discretionary trusts. I am writing this letter so you will know my wishes and motivations in leaving my estate in this way. I hope you will take my wishes into account and carry them out wherever possible.
1.2 This letter is intended as general guidance only. It does not create any obligation on you, nor does it give any beneficiary of my estate any rights. It does not curtail or override the discretionary powers given to you by my Will. I am confident that you will exercise your discretions appropriately in the circumstances after my death and in the light of your own views.
2 WISHES ABOUT THE PRIMARY BENEFICIARY
2.1 My current matrimonial circumstances are uncertain. If my wife survives me I still wish that she will have a right to income from the Trust Fund to the extent that it prevents hardship and enables her to maintain her lifestyle. I would like this to continue for as long as you feel necessary.
If her own resources are such that she does not require that income then you should consider exercising your powers to remove her right to income in all or part of the Trust Fund.
2.2 I do not wish for my wife to receive capital payments from the Trust Fund in order to protect the fund for future generations.
2.3 If the trust contains my share of the family home and my wife wants to continue living in the house, then she will have the right to do so, subject to Liz keeping the property in...
To continue reading
Request your trial