Swift v Ahmed [2015] EWHC 3265 (Ch)
July/August 2016 #161Mr Ahmed (the first defendant) claimed to have purchased a property known as ‘High Elm’ in his sole name in 1995. In 1996 Mr Ahmed and his wife Mrs Ahmed (the second defendant) executed a deed which purported to record that Mr Ahmed held on trust for Mrs Ahmed all the significant assets that he owned, including High Elm. The proprietorship register in respect of High Elm showed that Mr Ahmed had become the registered proprietor in November 2006 (which Mr Ahmed did not accept, but was unable to explain), and that at the same time he had granted a first charge over High Elm in ...
A v B [2016] EWHC 340 (Ch)
June 2016 #160An application was made on 16 February 2016 to vary the trusts of the will of a testator (will) and of a settlement made by reference to the will (settlement) by the testator’s brother (settlor) pursuant to the Variation of Trusts Act 1958. The claimants included the eldest surviving son and eldest grandson of the settlor. The defendants included the trustees of the will and the settlement (trustees) as well as a class of the settlor’s descendants and their respective spouses who were beneficiaries under the will and the settlement.
The trust funds of the will...
Mason & ors v Coleman & ors [2007] EWHC 3149 (Ch)
June 2016 #160The first claimant, Mr Mason, was the settlor of a number of settlements. The second to sixth claimants were the beneficiaries under those settlements. The first defendant, Mr Coleman, was a financial advisor in whose favour Mr Mason on 3 September 2000 executed an enduring power of attorney in wide terms. The defendants were between them the trustees of the various settlements.
On 23 December 2004 Mr Mason served notice on Mr Coleman revoking the enduring power of attorney. On 2 February 2005 Mr Mason wrote again to Mr Coleman seeking information regarding the settlements, includ...
Haastrup v Okorie [2016] EWHC 12 (Ch)
June 2016 #160This was an application to strike out, or alternatively, for summary judgment in relation to, a claim in relation to the estate of Captain Haastrup brought by the claimant.
Captain Haastrup died on 8 October 2012 in England. On 20 January 2014, the claimant obtained letters of administration in Nigeria. On 20 June 2014, these letters were resealed in Leeds District Probate Registry. It subsequently emerged that the claimant had been injuncted by the Nigerian court to restrain him from relying on the letters of administration or from ‘parading himself as in any way as the administr...
Smith v Herbert [2014] EWHC 4177 (Ch)
June 2016 #160The claimant was, together with his sister and brother, a beneficiary entitled to an interest in possession in land comprised within the Edmondsham Estate (children’s property) by virtue of a deed of appointment made in 1979 in exercise of a power contained in a settlement dated 17 March 1965 created by the late TAH Medlycott. Each life tenant was given power to settle his or her share on trust for such one or more of his or her children in such shares as should be appointed by deed or will. In default of appointment, each life tenant’s children were entitled to the capital i...
Van der Merwe v Goldman & anr [2016] EWHC 790 (Ch)
June 2016 #160The claimant and first defendant were husband and wife and joint freehold owners of a property in the UK where they lived. Up until March 2006 the claimant and first defendant were treated as domiciled in South Africa. However, from 6 April 2006 they would be treated as domiciled in the UK for inheritance tax purposes. In November 2005 the claimant took advice on mitigating the consequences of being treated as domiciled in the UK for the purposes of inheritance tax. He was advised that his position would be improved if he placed the property into an interest in possession settlement.
...Barclay v Smith [2016] EWHC 210 (Ch)
May 2016 #159The claimants and first defendant were or had been trustees of a trust governed by a deed of trust. The trust assets had been transferred to the original trustees (the first to fourth claimants and the second defendant) upon their original appointment.
Under the deed of trust each trustee was appointed for a fixed five year period, after the expiry of which he was eligible for reappointment. The power of appointing new trustees was vested in the current trustees. However no regard had been paid to the clause in the trust deed requiring reappointment after five years and therefore ...
Blades v Isaac [2016] EWHC 601 (Ch)
May 2016 #159The claimant was a member of a class of objects of a discretionary trust created by the will of Valerie Mary Lee who died on 19 June 2013. The defendants, who were partners in Tanners Solicitors LLP, were the trustees (including the sole proving executor). The relationship between the claimant and her elder sister (who had been added to the class of potential beneficiaries after the death of their mother) was affected by a history of strains between members of the family. The first defendant proved the will on 28 January 2014 in relation to an estate valued at £903,574. The second defend...
Davidson v Seelig [2016] EWHC 549 (Ch)
May 2016 #159Two settlements known as the Manny and Brigitta Davidson settlements were established by Manny and Brigitta Davidson in 1967 upon broad discretionary trusts, with UK resident trustees. Manny and Brigitta had two children, Maxine and Gerald, born in 1958 and 1961 respectively. The settlements were in identical terms. There was an 80 year perpetuity period, and the appointed day was defined as three days before its expire. The specified class of discretionary beneficiaries included the settlors’ children and remoter issue, their spouses and other family members. Their combined value ...
Gledhill & anr v Arnold [2015] EWHC 2939 (CH)
May 2016 #159By clause 3 of his will dated 19 August 2011 (2011 will) Eric Arnold (estator) gave his beneficial half share of 1 Sherbuttgate Road, Pocklington (house fund) to the claimants (trustees) upon trusts that conferred a life interest on the defendant with remainder ‘upon the trust hereinafter declared in regard to my residuary estate’. The residuary estate was given to the defendant in absolute terms with a gift over, if she failed to survive the testator, to such of her children and her daughter in law as should be living at his death and if more than one in equal shares absolutely...