Lane v Lane & ors [2024] WTLR 615

Wills & Trusts Law Reports | Summer 2024 #195

The claims concerned the estate of Monica Lane (the deceased), who died on 8 May 2019. The deceased had three children, David, Susan (the first defendant) and Peter, the last of whom predeceased her leaving two children, the second and third defendants. David died on 17 January 2021 and Karen (the claimant) was David’s widow and personal representative of his estate.

The deceased and David formed a trading farming partnership, embodied in a 12 October 2002 partnership agreement. That agreement provided that the partnership would dissolve on, among other things, permanent incapacit...

Pierce & anr v Barton & anr [2024] WTLR 679

Wills & Trusts Law Reports | Summer 2024 #195

By clause 5 of his will dated 2 November 2015 (the will) Malcolm Barton (the testator) gave to his son, the first defendant, a specific bequest which was described as Flat 2, 35 Upper Church Road, Weston-Super-Mare (the flat). The testator died on 12 May 2019. Probate was granted to the claimants who were two of the partners in the firm of Wards, Solicitors (Wards) on 10 January 2020. At the time of making the will and at the time of his death the testator was the sole surviving registered proprietor of a legal charge dated 17 November 2006 over the flat securing the sum of £87,727.52 (t...

Lattimer v Karamanoli [2023] WTLR 1433

Wills & Trusts Law Reports | Winter 2023 #193

Evi Kalodiki (the testatrix) passed away on 31 December 2018, having executed a purported will dated 27 December 2018 (the will) and married the claimant on 28 December 2018. The claimant maintained that the will was revoked by the testatrix’s marriage to him. The defendant was the testatrix’s sister and was named as a beneficiary in the will.

By an application to the Central Family Court, the defendant sought a declaration under s55 of the Family Law Act 1986 in respect of the status of the marriage, contending, among other things, that the marriage was invalid ...

Pead v Prostate Cancer UK & ors [2023] WTLR 1089

Wills & Trusts Law Reports | Autumn 2023 #192

James Murray McKay (the deceased) left a will dated 3 August 2016 (the will).

Clauses 4.1 – 4.3 of the will were pecuniary legacies to a number of the deceased’s family members (the family members). Clause 4.1 gifted £50,000 each to the deceased’s stepson and wife, clause 4.2 gifted £10,000 to the deceased’s step great-granddaughter, and clause 4.3 gifted £20,000 each to three step grandchildren.

Clauses 4.4 – 4.8 were legacies to a number of charities (the charities). Clauses 4.4 and 4.5 each gifted £2,000 to Macmillan Cancer Support for the benefit of stated causes, claus...

SwissIndependent Trustees SA v Sofer & ors [2023] WTLR 329

Wills & Trusts Law Reports | Spring 2023 #190

The claimant, a Swiss corporation, was the sole trustee of three discretionary trusts named as the Gabri, Puyol & Xavi trusts (the trusts) which had been created via a British Virgin Islands (BVI) company by Hyman Sofer (the settlor) in 2006. The trusts, though expressed to be governed by English law, were set up in Australia and a holding vehicle called the Jordi Unit Trust was used to channel the investments. Neither the settlor nor his children or remoter issue originally figured as settlor and beneficiaries, though they were later added to the classes of ‘Specified Beneficiaries’...