Hives v Machin [2017] WTLR 983
Autumn 2017 #169This claim concerned the proper construction of the will of Mrs Bastubbe (‘the Testatrix’). The Testatrix had three sons, Christopher, Eric (the Claimant’s father) and Peter (the Defendant). The Testatrix made her last will in 2003 at a time when all three of her sons were living. The Defendant had one son and one daughter, and the Claimant was Eric’s only daughter. The deceased would have been aware in 2003 that Eric had a chest complaint that caused him breathing difficulties and that Christopher was suffering from illness relating to drug addiction. Christopher in fact predeceased the...
Legg v Burton [2017] WTLR 1017
Autumn 2017 #169The testatrix had two daughters, the first and second claimants. In July 2000, the testatrix and her husband made wills in favour of the survivor, and subject to that, in favour of the claimants in equal shares.
The husband died in May 2001. Between 2001 and 2004, the testatrix made 13 further wills. These progressively favoured the defendants (who were two of the grandsons of the testatrix and the partner of one of them), at the expense of the claimants. The last of these wills was made on 12 December 2014, when she made a further will under which the claimants took a legacy of £...
Martin v Williams [2017] WTLR 1041
Autumn 2017 #169This was an appeal against a decision of the County Court ([2016] WTLR 1075) to make reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 for Mrs Joy Williams from the estate of her deceased partner Norman Martin. Under the terms of Mr Martin’s last will his entire estate passed to Mrs Maureen Martin, Mr Martin’s wife, from whom he was separated, but to whom he remained married until the date of his death. Mr and Mrs Martin had not divorced but they had made an informal arrangement regarding their separation.
HHJ Gerald made an order ...
Cronin v De Hamel [2017] EWHC 454 (Ch)
Summer 2017 #168The Brindle Estate near Chorley belonged to Patience Aspinall, who died in 1985. The Estate passed to her sister Honour Ruth (‘Miss Aspinall’) as her executor and sole beneficiary. In the early 1990s, the Brindle Estate was subject to compulsory purchase for the construction of the M65 motorway over the northern part. By February 1994, the Department of Transfer had entered upon the land for the purpose of commencing construction. Miss Aspinall received interim payments on account of the compensation payable to her arising from construction of the M65, in particular, £46,727 in October 1...
Davis v Jackson [2017] EWHC 698 (Ch)
Summer 2017 #168The respondents (Rs) are a married couple but at all times after 2001 were estranged and living apart. The wife (R2) purchased a property (the property) in 2003 using monies from another property owned by her and the remainder by interest-only mortgage. The title to the property was in R2’s sole name and she moved in with her children. The husband (R1) never lived in the property.
Shortly after purchase, Rs signed a declaration of trust declaring inter alia that R2 held the property on trust for herself and R1 in equal shares, that she would register R1’s interest and ...
Hand & anr v George & anr [2017] EWHC 533 (Ch)
Summer 2017 #168By his will dated 6 May 1946 Henry Hand (testator) directed his trustees to hold his residuary estate upon trust as to one equal third part (Kenneth’s share) to pay the income thereof to his son Kenneth Hand during his life and on his death as to both capital and income thereof for such of his children as attained the age of 21 years and if more than one in equal shares. In default of children, Kenneth’s share was directed to pass to the testator’s children, Gordon Hand and Joan George. The testator died on 9 June 1947 survived by all three children. Gordon Hand died without issue on 15 ...
Newman v Clarke [2016] EWHC 2959 (Ch)
Summer 2017 #168On 20 December 1996 the first defendant settled £150,000 on an accumulation and maintenance trust for the benefit of inter alia the second and third claimant (‘the settlement’). On 11 April 1997 a lease of a certain property was granted to the first defendant. This lease was capable of being enfranchised under the Leasehold Reform Act 1967 (‘the 1967 Act’) such as to enable the first defendant to obtain the freehold interest in the property. On 19 June 1997, the freehold reversion of the lease was sold to the original trustees of the Settlement. On 25 June 1997, t...
Pettigrew v Edwards [2017] EWHC 8 (Ch)
Summer 2017 #168Veronica Edwards (the deceased) died on 2 April 2003, and her will was proved by the claimants (as her executors and trustees) (the trustees) in October 2003. Under the will, the deceased left her residuary estate to the trustees pay the income to her fourth husband (the defendant) for life, and subject thereto, to the First and Second Claimants (who were also her sons by her first marriage) in equal shares. The residuary estate was valued at £521,897.53, and it included a promissory note signed by the defendant to the deceased in the sum of £100,000. This represented the value of a loan...
Trilogy Management Ltd v Harcus Sinclair [2016] EWHC 170 (Ch)
Summer 2017 #168This was an application by the defendant firm of solicitors (D) for the particulars of claim and reply to be struck out on the ground that they disclose no answer to the limitation defence or summary judgment dismissing the entirety of the claim on the basis that the claimant (C) has no real prospect of success because the claim is statute barred.
The proceedings arose out of a family dispute concerning a charitable trust (F) established by the deceased (OM). By his will OM left his shares in a Jersey investment company (JY) and in the trustee company of F (YT) to the executors an...
Twin Benefits v Meek [2017] EWHC 177 (Ch)
Summer 2017 #168This was an application by the claimant for an order for disclosure against a non-party under CPR r.31.17. The underlying action concerned a claim by the assignee of rights from the twin minor children of the first defendant (‘the twins’) concerning a compromise of earlier proceedings (‘the compromise’). The claimant alleged that neither the twins nor their mother was consulted about the compromise, and the compromise did not properly take account of the twins’ interests.
In the late 1990s the first defendant established an employee benefit ...