Vaughan-Jones & anr v Vaughan-Jones & ors [2015] EWHC 1086 (Ch)

September 2015 #152

The claimants were the executors of the will of the deceased dated 8 September 2000 whereby his residuary estate passed to his widow and three sons in equal shares absolutely. The first defendant was the deceased’s widow and the first claimant and second and third defendants were his sons.

Under the will, inheritance tax would be payable on the estate in respect of land and farming assets which did not qualify for agricultural property or business property relief on the three quarters of the residuary estate which had passed to the deceased’s sons. The beneficiaries decided that t...

Allfrey v Allfrey & Ors [2015] EWHC 1717 (Ch)

September 2015 #152

By a deed dated 24 July 1986, the ninth defendant (D9) made an accumulation and maintenance trust for IHT purposes (the settlement) for the benefit of his children (a class which has now closed): the claimant (C), the sixth defendant (D6) and the eighth defendant (D8).

The settlement provide d an initial trust for C, D6 and D8 at 25 in equal shares with a provision that each child’s share should be retained and held on engrafted trusts which have since been superseded. There was also a wide power of appointment in favour of the children, their spouses and issue, subject to r...

Fielden v Christie-Miller & ors [2015] EWHC 87 (Ch)

September 2015 #152

This was the hearing of an application for strike out of a Part 20 claim or alternatively summary judgment in favour of the defendants where the underlying proceedings related to two separate trusts: a settlement of land and other assets created on 18 February 1967 by Charles (the settlement) and a will dated 15 March 1998 of Charles’s son, John, who died on 20 December 2004 (the will fund).

The claimant in the underlying proceedings had sought declaratory relief regarding the construction of a March 2007 deed, alternatively rectification of it, whereby the trustees of the will fu...

Freedman v Freedman & ors [2015] EWHC 1457 (Ch)

September 2015 #152

In 2001 the claimant purchased a house (St Leonard’s Close) with the assistance of a loan from her father. In 2004-5 the claimant’s father agreed to forego the loan. In 2010 the claimant moved out of St Leonard’s Close and into rented accommodation. The claimant wished to buy a different house (Gibbs Green) but she had difficulty selling St Leonard’s Close. Her father therefore agreed to lend her sufficient funds to cover the purchase price of £525,000 and the acquisition costs of £5,000 in respect of Gibbs Green. The claimant’s father made clear, and the claimant agreed, that this was a...

Reading & anr v Reading & ors [2015] EWHC 946 (CH)

September 2015 #152

John Reading died on 6 July 2005. He left a will dated 30 January 2004. He was survived by his wife, Janet; his two children, Stuart and Sally; and his three stepchildren, Neil, Ruth and Robin Sedgwick.

Under the will, Mrs Reading and Richard Flack were appointed trustees of a nil-rate band discretionary trust. The clauses of the will setting out the trusts of the nil-rate band trust included the testator’s ‘issue’ in the beneficial class. There was provision for such issue to be born at the testator’s death or thereafter during the trust period. Mrs Reading and Mr Flack brought a...

Sharp v Hutchins [2015] EWHC 1240 (Ch)

September 2015 #152

Mr Butcher was born on 4 October 1939. He lived alone in a bungalow at 42 Russell Road, Enfield, London. He had no surviving parents and no children. He was close to his only sibling, Yvonne Butcher, with whom he lived. She died in 2002. Mr Butcher died on 5 May 2013 aged 73. He left a net estate worth £482,295.00. He was in good physical and mental health at the time of his death.

It was likely that in 1991 Mr Butcher had made a will which left his estate to Yvonne. In 2003, he made a new will following her death (‘the 2003 will’). He did so without the involvement of any profess...

Kousouros v O’Halloran & anr [2014] EWHC 2294 (Ch)

July/August 2015 #151

The claimant (K) and second defendant (A) are brother and sister. They are the children of George Kousouros (D) who died in Cyprus in March 2007 leaving a large house in Islington (the property) where he had lived with K prior to returning to Cyprus in 2000 and which also provided a rental income. According to K, who still lives there and takes the rental income, D transferred the property to him in 2001 on terms which included a payment to A of £50,000 and pursuant on the oral terms his parents executed a deed of transfer of the registered title to the property in form TR1 which A was a...

Kennedy & ors v Kennedy & ors [2014] EWHC 4129 (Ch)

June 2015 #150

The trustees of a settlement dated 16 December 2003 made by the first claimant, Brian Kennedy, (the settlement) sought an order to correct a mistake made in the terms of an appointment dated 1 October 2008 (the October 2008 appointment).

Under the terms of the settlement, of which Mr Kennedy was originally the sole trustee, Mr Kennedy had a life interest in possession. The settlement contained a power of appointment exercisable by the trustees in favour of Mr Kennedy, his children and remoter issue. In default of appointment, the capital was held on trust for Mr Kennedy’s children...

Re The Portman Estate [2015] EWHC 536 (Ch)

June 2015 #150

This claim comprised various applications relating to the trusts of the Portman Estate, which own significant real property in London and elsewhere. There are several separate settlements, whose property is held in various funds. The claim was brought by the trustees, without naming any defendants. However, two key beneficiaries consented to the proposed application in writing.

The trustees sought orders under s57 Trustee Act 1925 conferring various powers on the trustees of various different trusts of the estate. None of the powers sought affected the beneficial interest...

Kicks v Leigh [2014] EWHC 3926 (Ch)

May 2015 #149

Joyce Smith (Mrs Smith) lived at 49 Home Close, Wolvercote, Oxford (property). She had two daughters, the late Norma Kicks who died in January 2004, and the defendant. After her daughter’s death, Mrs Smith changed her will (will) in February 2008 and gave her entire net estate to the defendant, whom she had appointed sole executrix and trustee, to hold as to 50% for the defendant and 50% equally between Mrs Smith’s four grandchildren. The claimants were the two children of the late Norma Kicks. Mrs Smith’s health began to decline from November 2008. The defendant and her husband, who liv...