Wall v Munday [2018] WTLR 337
Spring 2018 #171W and M were married in 1969 and divorced in 1974. During their marriage, they bought a leasehold property with the proceeds of their former matrimonial home and a mortgage loan for the balance. The benefit of the long lease of the property was conveyed to them as joint tenants. M moved out of the property in 1973 and began divorce proceedings. No steps were taken in the divorce to deal with the ownership of the house, which remained vested in them as joint tenants. After M left the property, W had treated it as his own, insuring, maintaining and improving it and, soon after the divorce,...
Bathurst v Chantler & ors [2018] WTLR 1207
Winter 2018 #170The claimant was the second wife and widow of the Earl Bathurst (Eighth Earl). The first to third defendants were the trustees of the Earl’s Fund (EFT) created under a statutory Codicil made on behalf of the Eighth Earl by the Court of Protection. The fourth to seventh defendants were the trustees of the Earl Bathurst 1963 estate settlement (settlement). When the Earl succeeded to his title in 1943, his inheritance included a large estate comprising 15,000 acres and a mansion house known as Cirencester Park. There were also chattels that included valuable works of art and collections of ...
Henchley & ors v Thompson [2018] WTLR 1289
Winter 2018 #170The claimants were the beneficiaries of two trusts created by the late WCC Henchley (‘Settlor’). The NE Henchley Trust (‘First Trust’), dated 1 September 1960, provided for the trust assets to be held upon trust for the Settlor’s wife for life or until remarriage with remainder for such of his children as were then living and if more than one in equal shares. The trust assets, which once included bank accounts and a portfolio of investments, now consisted of the residence of the Settlor’s wife at 395 Cockfosters Road, Whaddon Lodge (‘Property’). By a Deed of Appointment dated 20 November...
RBC Trustees (CI) Ltd & ors v Stubbs & ors [2018] WTLR 1399
Winter 2018 #170The claim was brought to rectify two deeds of revocation and appointment made in 2008 and 2014, or alternatively to rescind them on the grounds of mistake.
Each of the settlor’s adult children had an interest in possession in a one sixth share of the trust fund. In 2004, in order to ensure that no inheritance tax was payable upon their one sixth share of the trust fund as a result of their deaths, the trustees appointed successive life interests for the spouses of two of these children, Michael and Joanna. Unfortunately, both Michael and Joanna’s marriages ended in divorce. The tr...
Sargeant v Sargeant & anr [2018] WTLR 1451
Winter 2018 #170Joe Sargeant (the deceased) died on 10 May 2005 leaving a will dated 20 February 2002. He left a surviving spouse, Audrey Sargeant (who was known as Mary), and two children, Jeff and Jane. By the will, he left his guns and fishing equipment to Jeff and the balance of his personal chattels and the benefit of a life policy worth £75,000 to Mary. The remainder of his estate was left to his trustees on discretionary trust. The class was limited to Mary, Jane and Jane’s issue. His estate was valued at just over £3.2m.
Mary brought a claim under the Inheritance (Provision for Family...
Vucicevic & anr v Aleksic & ors [2018] WTLR 1545
Winter 2018 #170The claim was a claim dated 5 September 2016 by the claimants as personal representatives of the late Mr Veliko Aleksic (the deceased), who died on 24 October 2014, for construction of parts of the deceased’s last will. He acquired a house in London in 1960 and a house in Cardiff in 1971.
He left a holographic will, which was undated save for bearing the year ‘2012’. It was signed but there was no attestation clause. It did not provide for the appointment of an executor. The deceased’s estate was valued at £2,750,753, including three houses, one in Montenegro, one in Cardiff, and ...
White v Philips [2018] WTLR 1559
Winter 2018 #170The deceased, Raymond Ian White, died on 22 July 2010, a year after he was diagnosed with terminal cancer. On 28 May 2010 he gave instructions for a will to a legal executive at a local law firm; this will was executed on 4 June 2010.
The claimant, Linda White, was the deceased’s widow. The defendant was one of his three children from a previous marriage, and was appointed executrix by the June 2010 will. Mrs White claimed that at the time the deceased gave the instructions and executed the will he lacked testamentary capacity, partly due to the strong opioid drugs he was taking. ...
Wilson v Lassman [2018] WTLR 1577
Winter 2018 #170The claimant sought an order pronouncing against the will of his late father Gerald Wilson (the ‘deceased’) dated 9 October 2010, and revoking the grant of probate obtained by the defendant, as executor and sole beneficiary. The claimant contended that the will was not validly executed in compliance with s9 of the Wills Act 1837 (the ‘1837 Act’).
The will had been written, in manuscript by the deceased on a will form and was purportedly attested by two witnesses, Mr Byrne and Mr McKinley. It contained a proper attestation clause. It was not disputed that...
A & ors v D & ors [2017] EWHC 2222 (Ch)
Autumn 2017 #169A & B were the current trustees of a settlement known as the Children’s Trust dated 21 March 2000. They were, with C, the current trustees of a settlement known as the M Trust dated 7 December 2004 (together the ‘Settlements’). A was the settlor of the settlements. D, E & F were his three minor children. G was joined in as a person appointed to represent a class of unborn beneficiaries. The settlements were drafted to qualify as accumulation and maintenance trusts within the requirements of Section 71 of the Inheritance Tax Act 1984 (‘1984 Act’). Both made provision for a class o...
Ball & ors v Ball & ors [2017] WTLR 891
Autumn 2017 #169The Deceased was married to James Ball. They had had eleven children, including the three claimants and eight of the nine defendants. In or around 1991, the family split, when the three claimants reported their father to the police for sexually abusing them when they were younger. The Deceased felt that the complaints were exaggerated, and was annoyed that they had been made public. As a result, on 27 May 1992 the Deceased made a will excluding those three claimants from benefit, dividing her estate between her eight remaining children and one of her grandsons. The will was professional ...