Morris v Fuirer & ors [2022] WTLR 659

Wills & Trusts Law Reports | Summer 2022 #187

The claimant, who was the only child of Cynthia Morris (the testatrix), was the principal beneficiary under her will dated 25 October 2000 but not under later wills made on 28 November 2006 and 14 July 2010 (the wills). The testatrix died on 7 August 2017. Under the terms of her last will, the second and third defendants were appointed as executors; pecuniary legacies were bequeathed to the claimant (£35,000), the first defendant (£70,000) and the fourth defendant (£10,000); and her residuary estate was gifted to the sixth to ninth defendants who were charities. The claimant first intima...

Probate: An unusual occurrence

Toby Bishop describes when a reverse summary judgment in a probate claim may be necessary The Deputy Master concluded the allegations made against Ms Fuirer were so fanciful that they should never have been made. Because of the inquisitorial role of the court and the factual matrix surrounding the preparation and execution of wills, it …
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David Roberts Art Foundation Ltd v Riedweg [2019] WTLR 741

Wills & Trusts Law Reports | Autumn 2019 #176

The claimant was a registered charitable company and the owner of 15a and 37 Camden High Street, London, SW1 7JE (the property). In or around November 2016 the claimant’s directors decided to sell the property and instructed Robert Irving Burns (RIB) to market it. Following a targeted marketing campaign, the defendant made a formal bid to buy the property for £8,000,000. Heads of terms were agreed on 22 December 2016.

On 10 January 2017, the claimant instructed Mr Bryn Williams of DTZ Tie Leung Ltd (trading as Cushman & Wakefield) (CW) to prepare a report. A report was provide...

Gorbunova v Estate of Boris Berezovsky & ors [2016] EWHC 1829 (Ch)

Wills & Trusts Law Reports | November 2016 #164

B had been involved in litigation against A and the AP family (the litigation) from which he potentially stood to recover large sums of money. The claimant, G, was B’s long-term partner. In March 2012 the litigation deed was drawn up to reflect agreement between B and G regarding G’s entitlement to B’s assets (including the litigation). B subsequently lost his case against A and entered into settlement discussions with the AP family. The litigation agreement was a further document signed in September 2012 to reflect an agreement between B and G concerning her entitlement to any sums from...

Guthrie v Morel & ors [2015] EWHC 3172 (Ch)

Wills & Trusts Law Reports | March 2016 #157

The claimant sought by way of summary judgment a declaration as to the true construction of a will or alternatively an order for rectification of the will pursuant to s20(1) of the Administration of Justice Act 1982.

The deceased died on 20 July 2011. His will took the form of a letter addressed to a solicitor. Both parties accepted that the document was a will and had been admitted to probate. One of the executors obtained a grant of probate on 23 August 2012.

The will contained a bequest in the following terms: ‘My property 87 Loma Del Rey, Alcadesa, Spa...

Dellal v Dellal & ors [2015] EWHC 907 (Fam)

Wills & Trusts Law Reports | September 2015 #152

The defendants applied for an order summarily terminating the claimant’s application for an order under s10 of the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) without trial.

J was a well-known, successful property dealer who died on 28 October 2012 worth a large fortune. The claimant (C) was his widow and had married J in 1997 following ten years’ cohabitation. They lived a high lifestyle. J had been married previously and had nine children; two children with C, four children from a previous marriage (D1, D2, D3 and D...