Court: High Court of Justice (Chancery Division)

Zarrinkhat v Kamal & ors HC12F02461

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...

Re Ashkettle [2013] EWHC 2125 (Ch)

Mrs Louisa Ashkettle (the testatrix) died on 27 September 2007, aged 86. She left two wills dated 2 October 1986 and 18 January 1999. While the 1986 will left everything equally between her two sons (the claimants) and her daughter (the respondent), the 1999 will (the will) left everything to the respondent. The claimants stated that:

1. (i) the will was not properly executed;
2. (ii) the testatrix lacked testamentary capacity at its execution;
3. (iii) the testatrix did not know and approve the contents of the will; and
4. (iv) if their assertions at (ii)...

Feltham v Bouskell [2013] EWHC 1952(Ch)

The defendant firm of solicitors had acted for Hazel Charlton (testatrix) of 12 Cecilia Road, Leicester, in relation to a will that she had made on 14 May 1998 (1998 will). The testatrix, who had been previously married twice, had spent the last 20 years with her partner, John Fishbein, latterly living in his house at Barton on Sea. Apart from Mr Fishbein, the residuary beneficiaries of the 1998 will were respectively the testatrix’s cousin, Mrs Atkinson, and friend, Dr Bhangoo. The claimant, who was a step-granddaughter of the testatrix by her second husband, was not a beneficiary...

Evans & ors v Lloyd & anr [2013] EWHC 1725 (Ch)

Wynne Evans (Wynne) died on 2 September 2006 at the age of 79. He had worked on a farm from the age of 14. The farm latterly belonged to the defendants, David Lloyd (David) and his wife Elizabeth Lloyd (Elizabeth). Previously it had belonged to David’s parents and grandparents.

There was an issue as to whether Wynne had died testate or intestate. The claimants argued he died intestate but the defendants argued that he died testate and that the will, of which David was residuary beneficiary, had been lost.

The first claimant Howell Evans (Howell) is Wynne’s sole ...

Fyfe v Watts & ors; Watts & anr v Watts & anr [2013] EWHC 1374 (CH)

Two sets of proceedings had come before the court, which had involved several applications. An order was made on 8 May 2013 by Deputy Judge Foster, which awarded costs. On 30 May 2013 Deputy Judge Foster set out her reasoning behind that order. The proceedings were in respect of a trust for the primary benefit of Louise Fyfe (the trust). The proceedings related to the successful removal of Mr John Watts (the defendant) as trustee and to a claim against the defendant for misappropriation of trust property (the property) which was in reality bought by a company owned by the trust (Dream St...

Re Goodman (dec’d) [2013] EWHC 758 (Ch)

Everard Goodman (the deceased) died on 17 April 2011 leaving a will dated 15 December 2010 (the will) naming his sons, the claimants (C), his daughter, the second defendant (D2), and his widow, the first defendant (D1), as executors. However, relationships between the parties were very poor and, on 16 August 2012, D1, a beneficiary under the will as well as one of the executors named in it, issued an application for an independent professional to take over the administration of the deceased’s estate under s50 of the Administration of Justice Act 1985 (the 1985...