Nandakopan v Nandakopan [2024] WTLR 217
Spring 2024 #194The deceased died intestate in 2020 with an estate worth around £120,000. He had married the claimant in January 1993, and they had a daughter, the defendant, in November 1993. They had an unhappy marriage and little family life, although they all continued to live together. In 2014, the deceased transferred the matrimonial home from his sole name to the joint names of him and the defendant as beneficial joint tenants, such that on his death his share of the property passed to the defendant. The property was worth around £450,000. In 2017, the claimant brought proceedings against the dec...
McLean & ors v McLean [2023] WTLR 267
Spring 2023 #190The claimants were all siblings and the biological children of Reginald McLean (Reginald), by his first marriage. The defendant was the biological child of Reginald and his second wife, Maureen (the deceased).
By mirror wills executed on 23 June 2017, Reginald and the deceased both left their estates to each other as survivors, and the residuary estate of the surviving spouse to the claimants and the defendant in equal shares (the 2017 wills). Following Reginald’s death, the deceased executed a new will on 16 August 2019 (the 2019 will) revoking her 2017 will and leaving her entir...
Morley v Morley & anr [2023] WTLR 299
Spring 2023 #190In 2007, the claimant gave her father (Ray) a sum of £150,000. The payment was a contribution towards a house (the property) that Ray intended to purchase with his wife, the first defendant.
The claimant alleged an agreement by which, in exchange for the payment of £150,000, Ray would leave his half-share of the property to the claimant and her brother.
The purchase of the property was completed using a TP1 transfer form. The form was signed by the third-party transferor and the box was ticked providing for the transferees, Ray and the first defendant, to hold the property ...
Delaforte v Flood & anr [2021] WTLR 499
Summer 2021 #183The claimant was the granddaughter of the deceased who brought a claim for reasonable financial provision out of the estate under the Inheritance (Provision for Family and Dependants) Act 1975 (1975 Act). The defendants, both children of the deceased, were the executors and beneficiaries under her will. The deceased, who had been diagnosed with vascular dementia, had fallen and broken her hip, resulting in surgery and a spell in hospital. The medical advice was that she could not return home unless care was provided. The claimant, with the agreement of the defendants, m...
Wooldridge v Wooldridge & ors [2021] WTLR 755
Summer 2021 #183The claimant was the 50-year-old widow of the deceased. She brought a claim for reasonable financial provision to be made for her from the estate of her late husband, Ian Wooldridge.
The first, second and third defendants were the executors of the estate and adopted a neutral stance. The fourth defendant was the deceased’s 28-year-old son from a previous marriage, and the fifth defendant was the deceased’s 12-year-old son.
There was some dispute over the value of the estate and the claimant’s entitlement under the deceased’s homemade last will, but a...
Wooldridge v Wooldridge & ors (costs) [2021] WTLR 777
Summer 2021 #183The claimant was the 50-year-old widow of the deceased. She brought a claim for reasonable financial provision to be made for her from the estate of her late husband, Ian Wooldridge.
The first, second and third defendants were the executors of the estate and adopted a neutral stance. The fourth and fifth defendants opposed the claim.
The claim was dismissed, and the costs of the claim fell to be determined.
The claimant accepted that she had to pay the costs of the first, second and third defendants assessed on the indemnity basis. She also accepted that she had to p...
B v C & ors [2021] WTLR 1
Spring 2021 #182A was survived by C, his sister; H, with whom he had had a relationship; E and F, who were the daughters of A and H; B, with whom A had also had a relationship; and G, the son of A and B. C was one of the executors of A’s will. Each of A and C owned 50% of the shares in X Ltd (the company) and on A’s death C remained a director and was in control of the company. During A’s lifetime, a property (Property 1) was acquired in his name and remained so at his death.
There were three claims following A’s death: (1) H claimed to be the beneficial owner of Property 1 (the property claim); ...
Nemazee v Nemazee [2020] WTLR 637
Summer 2020 #179On 27 May 2015 the deceased entered into four transactions: first, a long lease of her flat, in exercise of her right to buy; second, a legal charge over her leasehold interest in favour of the defendants; third, a declaration of trust that she held the leasehold interest on trust for herself and her granddaughter as beneficial joint tenants; fourth, a will leaving her residuary estate to her three sons in equal shares. The claimant sons initially claimed that the deceased lacked capacity to execute the will and declaration of trust, and pleaded lack of knowledge and approval and/or undu...