Wills & Trusts Law Reports | Autumn 2022 #188Title to a property (the property) passed on the death of Mohammed Ali in 2003 to his wife Fateh Bibi (Mrs Bibi). Mrs Bibi died on 11 July 2006, having made a will dated 7 January 1997 (the 1997 will). Under the 1997 will, Mrs Bibi left her residuary estate in equal shares to her children: Farzand Ali, Mohammed Ramzan, Mohammed Iqbal and Parveen Iqbal. In probate proceedings brought in 2012 by Farzand in relation to Mrs Bibi’s estate, an order pronouncing in favour of the 1997 will was made on 24 January 2014 (the 2014 order). The 2014 order also pronounced against a document dated 2 Oct...
John Sharples outlines a case that clarifies occupation rights Ali illustrates the importance of properly analysing the nature of the occupying beneficiary’s interest at the outset and seeking the proper relief on behalf of the proper claimant for the correct amount. In what circumstances can a beneficiary of a trust of land who does not …
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Wills & Trusts Law Reports | Summer 2020 #179The claimant and her husband owned and farmed College Farm in Cambridgeshire. They had three children – two daughters and one son. The defendant, who was their son, owned and farmed the adjoining Whitleather Lodge Farm and had joined his parents’ farming partnership on an equal basis.
After separating from her husband in 2011, the claimant moved into a property which had previously produced a rental income and she was concerned to secure her financial independence. This led to the claimant, her ex-husband and the defendant setting in motion the steps required for a partnership agr...
Wills & Trusts Law Reports | November 2016 #164Tegwyn and Mary Davies purchased a dairy farm known as Henllan in West Wales in 1972. It comprised a farmhouse, an attached cottage, outbuildings, and 182 acres of land. It was farmed with a nearby farm also owned by them known as Caeremlyn which they had purchased in 1961 (together ‘the farm’). The respondent, Eirian was one of their three daughters. By 1989, she was the only child left at the farm. She had a passionate interest in pedigree milking cows which was the main business of the farm, and it was by this stage clear that she was the only possible candidate to take it over. In th...
Wills & Trusts Law Reports | September 2016 #162The appeal concerned a proprietary estoppel claim by the respondent, Eirian, with respect to her parents’ pedigree dairy farm.
Eirian’s claim was precipitated by the fact that her parents had sought to evict her from the farmhouse where she was living. Eirian had worked on Henllan during lengthy periods of her adult life. There were a number of arguments between Eirian and her parents which had, on occasion, led to Eirian temporarily leaving the farm. During one such period she worked as a technician for a company called Genus, which specialised in livestock reproduction services....
Siân Hodgson examines the dangers of informal farming arrangements between family members in Creasey v Sole ‘The judge found it “wholly unreal” to analyse the arrangement between Michael and his parents as one which conferred upon him a right to exclude them.’ Creasey v Sole [2013] was a dispute between six brothers and sisters about …
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Wills & Trusts Law Reports | July/August 2014 #141John Vincent Sheffield (JVS) and his wife Ann Sheffield bought 1,000 acres of land in Hampshire in 1968 as tenants in common, with JVS owning 25% and Ann 75% (the 1968 settlement). The land included two farms, numerous residential properties and some shooting rights over adjoining land. Ann died in 1969 and left JVS a life interest in her estate and thereafter to their son Julian. In 1971 JVS married France (who predeceased him) and he lived on the estate until his death in May 2008.
In May 1976 JVS agreed a farming partnership of the farming land on the estate. JVS was entitled ...
