Re Lucking's Will Trusts

JurisdictionEngland & Wales
Year1967
Date1967
CourtChancery Division
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29 cases
  • Walker v Stones
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 19 July 2000
    ...to be dissipated by improper diversions or use of its assets. 115 And indeed a claim of this very nature was allowed by Cross J in In Re Lucking's Will Trusts [1968] 1 WLR 866 (an important authority which was apparently not cited to Rattee J). In that case the defendants were trustees of ......
  • Re Hollis, deceased; Hollis v Hollis
    • Bermuda
    • Supreme Court (Bermuda)
    • 27 May 2011
    ...for the Plaintiff Ms K Lomas for the Defendant The following cases were referred to in the judgment: In re Lucking's Will TrustWLR [1968] 1 WLR 866 Speight v GrantELR (1883) 22 ChD 727 Regal (Hastings) Ltd v GulliverELR [1967] 2 AC 134 Abstract: Beneficiary of intestate - Administrator of e......
  • Shaker v Al-Bedrawi ;Shaker v Masry ; Shaker v Steggles Palmer (A Firm)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 18 October 2002
    ...properly bring against the trustee, is not caught by the Prudential principle. Mr. Steinfeld relied on two cases. 75 The first was Re Lucking's Will Trusts [1968] 1 WLR 866. In that case the majority shareholding in a private company was held by the trustees of a will. One of the trustees, ......
  • Gardner v Parker
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 23 June 2004
    ...arguable that the same result should apply in the instant case as in the case of Walker v Stones in the Court of Appeal and in Re Lucking's Will Trusts, another case referred to by the judge, where the defendant was sued for breach of duty as a trustee by beneficiaries under the trust. He s......
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4 books & journal articles
  • The Changing Face of Trusts: The Trusts of Land and Appointment of Trustees Act 1996
    • United Kingdom
    • Wiley The Modern Law Review No. 61-1, January 1998
    • 1 January 1998
    ...TLATA s 9(7). See N. Hopkins ‘The Trusts of Land And Appointment of Trustees Act 1996’ [1996]60 Conv 411, 416.17 [1931] 1 Ch 572.18 [1967] 3 All E R 726; [1968] 1 WLR 866.19 [1997] 2 All ER 705 CA. See also ‘Trustees’ Powers and Duties’, Law Commission ConsultationPaper No 146, 1997 para 4.......
  • English fiduciary standards and trust law.
    • United States
    • Vanderbilt Journal of Transnational Law Vol. 32 No. 3, May 1999
    • 1 May 1999
    ...Northern Ireland, Isle of Man, Jersey, and Guernsey. (2.) See Mendes v. Guedalla, (1862) J&H 259, 277; Re Lucking's Will Trusts, [1967] 3 All E.R. 726, 733 (3.) Re Waterman's Will Trusts, [1952] 2 All E.R. 1054, 1055 (Ch.). (4.) See Bartlett v. Barclays Bank Trust Co., [1980] Ch. 515, 5......
  • The offshore trust: a catalyst for development
    • United Kingdom
    • Emerald Journal of Financial Crime No. 14-3, July 2007
    • 24 July 2007
    ...ltd [1994] 3 NZLR 503. Here, thefiduciary was held to have wilfully shut his eyes to the obvious.18. See, e.g. Re Lucking’s Will Trusts [1967] 3 All ER 726 and Bartlett v. Barclays Trust Co. Ltd[1980] 1 All ER 139.19. From the case Re Hastings Bass [1970] 2 All ER 193.20. Convention on the L......
  • The trust offshore.
    • United States
    • Vanderbilt Journal of Transnational Law Vol. 32 No. 4, October 1999
    • 1 October 1999
    ...the plaintiffs in Greece to set aside the trust or claim claw-back rights). (79.) See id. at 481-82. (80.) See supra Part II. (81.) [1967] 3 All E.R. 726. (82.) For a discussion of such trusts, see infra Section (83.) For a discussion of such trusts, see infra. Section XIII. (84.) For a dis......

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