When to indemnify

29th March 2017

Natasha Dzameh, a member of our wills & trusts team, has recently written an article in the April edition of the Trusts and Estates Law & Tax Journal expanding upon her earlier note on Pettigrew & others v Edwards [2017] EWHC 8 (Ch). This matter was heard in the Chancery Division of the High Court of Justice at the Royal Courts of Justice by Master Matthews. Master Matthews is now His Honour Judge Matthews and sits in the Chancery Division of the High Court at Bristol District Registry.

In this case the deceased left her residuary estate on trust to the first and second trustees beneficially in equal shares subject to an income to be paid to the life tenant. The trustees considered the life tenant owed the sum of £100,000 due to a loan which had been granted by the deceased. Repayment of the loan was not forthcoming so the trustees withheld the income from the trust fund. The life tenant issued a claim in relation to the income. The trustees filed a defence and counterclaim then applied for the relevant orders.

Natasha’s article details further the arguments put forth in Pettigrew and highlights key points for practitioners to consider in relation to Beddoe applications.

Read more: When to indemnify (Trusts and Estates Law & Tax Journal 185, April 2017)

View profile: Natasha Dzameh

If you would like to instruct Natasha on a related matter, please contact her clerks: [email protected] or 0117 923 4740.