Hamilton v Hamilton & anr [2016] EWHC 1132 (Ch)
December 2016 #165David Hamilton (David) died 10 February 2007. His last will dated 6 March 2006 (the will) named the first and second defendants (his solicitor and daughter respectively) as his executors and trustees. Under the terms of the will, subject to various legacies he left the residue of his estate (defined as ‘all my property of every kind, wherever situate’) to be held upon trusts for the primary benefit of his children Alan and Carolyn in equal shares. Under the trusts applicable to each share, Alan and Carolyn had a life interest in income, with remainder to their respective chil...
High Commissioner for Pakistan in the United Kingdom v Prince Mukkaram Jah, His Exalted Highness the 8th Nizam of Hyderabad [2016] EWHC 1465 (Ch)
December 2016 #165The underlying claim concerned monies deposited in a new bank account with the National Westminster Bank (the bank) in the name of Mr Rahimtoola, the High Commissioner for Pakistan in London between 16 and 20 September 1948 (the Fund). The monies deposited had belonged to the state of Hyderabad/the 7th Nizam (Hyderabad’s absolute monarch at the time). The state of Hyderabad had been annexed to India between 13 and 18 September 2016. The underlying claim had been brought by Pakistan against the bank. A number of other defendants claiming an interest in the fund had been joined. Consequent...
Pemberton v Pemberton & ors [2016] EWHC 2345 (Ch)
December 2016 #165This case involved a claim by one of the trustees of the Pemberton Settled Estates, originally created on 31 March 1965, for a variation of the settlement. The first to third defendants were the other trustees of the settlement who had in mind the unborn and unascertained beneficiaries. There were also four adult defendants and four defendants who were minor beneficiaries. All defendants supported the variation.
The claimant proposed the following variation:
- a) to set the perpetuity period running afresh for a further 125 years;
- b) to confer on the trustees a...
Baker & anr v Dunne & ors [2016] EWHC 2318 (Ch)
November 2016 #164This case involved an application made by the claimants, as trustees of the will trust of the late Jean Montgomery, for Beddoe relief (‘the deceased’). The trustees seek Beddoe relief in respect of implementing an order for possession.
The defendants are the deceased’s three children who are equal beneficiaries under her will trust. The application was opposed by the first defendant, ‘Jonathan’, but supported by the second and third defendants.
The trustees had previously applied for an order for possession against Jonathan an...
Butler & anr v Butler & anr [2016] EWHC 1793 (Ch)
November 2016 #164The parties were siblings who jointly owned 502 items of 17th century Chinese porcelain gifted to them by their father between 1987 and 1993 (the Butler Family Collection (the BFC)).
In 2012 the defendants and their father formed a partnership to own and merchandise another 208 such items (formerly owned by their father).
After their father’s death disagreement arose as to what should become of the BFC. The claimants sought to have it distributed. The defendants wished to keep it in tact and made available for scholarly study and exhibition and to exploit certain items comm...
Gorbunova v Estate of Boris Berezovsky & ors [2016] EWHC 1829 (Ch)
November 2016 #164B had been involved in litigation against A and the AP family (the litigation) from which he potentially stood to recover large sums of money. The claimant, G, was B’s long-term partner. In March 2012 the litigation deed was drawn up to reflect agreement between B and G regarding G’s entitlement to B’s assets (including the litigation). B subsequently lost his case against A and entered into settlement discussions with the AP family. The litigation agreement was a further document signed in September 2012 to reflect an agreement between B and G concerning her entitlement to any sums from...
Poole & anr v Everall & anr [2016] EWHC 2126 (Ch)
November 2016 #164This was a challenge to the formal and substantial validity of the last will of David Poole (the testator) dated 26 December 2012 (the December will) on the grounds of want of due execution, want of knowledge and approval, lack of testamentary capacity and undue influence.
The testator (who died on 19 March 2013) had suffered severe physical and psychiatric injuries following a motorcycle accident in 1985. The December will had been prepared by Mr Everall, the first respondent, who had been the testator’s paid carer/’supporting landlord’ since 1994. The December ...
Routier & anr v HMRC [2014] EWHC 3010 (Ch)
November 2016 #164This appeal concerned whether a disposition in the will of the late Mrs Beryl Coulter (the deceased) is exempt from inheritance tax because it comprises property which is given to charities within the meaning of s23 of the Inheritance Tax Act 1984 (the IHTA). The appellants are the executors of the deceased’s estate.
The deceased died on 9 October 2007. In her will dated 1 October 2007 she left a number of pecuniary legacies. Her residuary estate was held on trust by the executors (the Coulter Trust) for ‘such incorporated body as may be set ...
Aeroflot-Russian Airlines v Berezovsky & ors [2015] EWHC 3937 (Ch)
October 2016 #163The claimant brought proceedings against (amongst others) Mr Berezovsky’s estate. An application was issued on 9 December 2015 by the trustees of the insolvent estate of the late Mr Berezovsky in the run up to the first CMC. The trustees were Mr Wood, Mr Hellard and Mr Leeds, and they sought a stay of the proceedings against Mr Berezovsky’s estate under s285(1) of the Insolvency Act 1986 as amended by the Administration of Insolvent Estates of Deceased Persons Order 1986 (SI 1986/1999). The trustees’ principal argument was that if a stay was n...
Berry v Child Support Agency & Ors [2016] EWHC 1418 (CH)
October 2016 #163The claim was by the administrator of the estate of Norman Tovey (the deceased), seeking directions as to whether the estate should accept and make provision for four alleged liabilities. The deceased’s assets amounted to around £160,000, with £83,000 uncontested liabilities. The alleged liabilities, if valid, would exceed £500,000.
Following the renunciation of the two executors appointed under the deceased’s last will dated 4 November 2011, the deceased’s mother, Mrs Tovey, was appointed administrator of the estate. Because of her age, Mrs Tovey appointed the c...