Begum v Ahmed [2022] WTLR 1189

Wills & Trusts Law Reports | Winter 2022 #189

The appellant was the widow of Mohammed Yousaf Khan (Mr Khan), who had died on 22 March 2015 without making any financial provision for her under the terms of his last will dated 11 February 2014 (the 2014 will). Instead, Mr Khan had left the entirety of his estate, after payment of debts and expenses, to his daughter and personal representative, the respondent. The appellant, who was elderly and disabled, had lived at 22 Lombard Avenue, Dudley (Lombard Avenue) since 1993.

Probate was granted on 11 April 2016 and solicitors instructed by the respondent wrote demanding possession o...

Kelly v Brennan & ors [2021] WTLR 613

Wills & Trusts Law Reports | Summer 2021 #183

C was a brother of the deceased (PK). He was the executor of PK’s will and also a beneficiary. Ds were the adult children of PK’s sister. PK’s will divided the residue into ten equal shares (including a share for each of PK’s sister’s children). C brought a claim under s20 Administration of Justice Act 1982 (AJA 1982) for rectification of the will so that the residue would instead be divided into six equal shares (with one share being shared between PK’s sister’s children). The claim was opposed by D3 and D4.

PK ...

Thakare & ors v Bhusate [2020] WTLR 691

Wills & Trusts Law Reports | Summer 2020 #179

A widow brought a claim for reasonable financial provision to be made for her from her late husband’s estate. The claim was brought 25 years and nine months after the six-month time limit mandated by s4 of the Inheritance (Provision for Family and Dependants) Act 1975.

At first instance Chief Master Marsh, exercising the broad discretion afforded by s4 of the 1975 Act, gave permission for the claim to be brought, notwithstanding the extremely long time since the six-month period had expired: see Bhusate v Patel.

The facts of the...

Cowan v Foreman & ors [2019] WTLR 707

Wills & Trusts Law Reports | Autumn 2019 #176

The appellant appealed from an order of Mostyn J by which he refused her permission pursuant to s4 of the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) to bring an application out of time for reasonable financial provision out of the estate of her late husband (the deceased), who had died in 2016 leaving an estate of £29m. By his will the deceased left all his business assets qualifying for 100% business property relief on a discretionary trust (the business property trust) for a class of beneficiaries (the discretionary beneficiarie...

Berger v Berger [2013] EWCA Civ 1305

Wills & Trusts Law Reports | January/February 2014 #136

The appellant, who was in her mid-80s and in poor health, was the widow of the deceased who had died on 26 June 2005. Both parties had children by previous marriages, and were together for 36 years. The deceased’s estate totalled approximately £7.5m and consisted of a large matrimonial home in Surrey, a half share in a property in Arizona, three properties in London and a controlling holding of shares in a property development company. By his last will (the will) the deceased, after appointing the appellant and his two sons to be executors and trustees, gave his share in the property in ...

Zarrinkhat v Kamal & ors HC12F02461

Wills & Trusts Law Reports | October 2013 #133

Iranian born Mrs Theodore (the testatrix) died domiciled in England on 18 February 2009. She left a will dated 29 October 2002 which distributed her £573,000 estate primarily between her adult niece and son (the first and fourth defendants). She also left a legacy of £50,000 to her then 51- year-old daughter (Ms Zarrinkhat).

Ms Zarrinkhat did not consider that reasonable financial provision for her maintenance had been made under the will and sought to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act). However she attempted to do...