Perry & anr v Neupert & ors (costs) [2020] WTLR 221
Spring 2020 #178The claimants were the widow and the daughter of the deceased who died on 8 March 2015. The deceased executed an English will (“the Will”) dealing with his UK assets and appointing a Swiss lawyer (the 1st defendant) as his executor and trustee. The widow (the 1st claimant) was the sole beneficiary of the English estate. There was a breakdown of relations between the 1st claimant and the 1st defendant. The daughter (the 2nd claimant) supported the widow. The claimants applied for an order under s50 of the Administration of Justice Act 1985 removing the 1st defendant as e...
Perry v Neupert & ors [2020] WTLR 199
Spring 2020 #178The claimants were the widow and the daughter of the deceased who died on 8 March 2015. The deceased executed an English will (“the Will”) dealing with his UK assets and appointing a Swiss lawyer (the 1st defendant) as his executor and trustee. The widow (the 1st claimant) was the sole beneficiary of the English estate. There was a breakdown of relations between the 1st claimant and the 1st defendant. The daughter (the 2nd claimant) supported the widow. The claimants applied for an order under section 50 of the Administration of Justice Act 1985 removing the 1st defenda...
Rea v Rea & ors [2019] WTLR 1231
Winter 2019 #177The claimant (Rita) was the daughter of Anna Rea (T) who died on 26 July 2016. The defendants (Remo, Nino, and David) were T’s other children. Rita propounded a will dated 7 December 2015 (the 2015 Will). The defendants defended on the basis that T had lacked testamentary capacity to execute the 2015 Will, that she did not know and approve of its contents, and that her execution of it was procured by undue influence and fraudulent calumny. They counterclaimed for probate propounding an earlier will dated 29 May 1986 (the 1986 Will). At trial they had abandoned the challenge based on lack...
Mussell & anr v Patience & anr [2019] WTLR 973
Autumn 2019 #176The Claimants brought a claim as executors of the late Louis Patience, who died in April 1997. They produced accounts setting out the proposed distribution of the deceased’s estate. These accounts were opposed by the Defendants (in their capacity as beneficiaries of the estate).
At trial, HHJ Matthews found that the Defendants’ objections were misconceived, though the Claimants did fail on part of their claim. At the subsequent costs hearing, it was held that the Defendants should pay the Claimants’ costs, though as a result of the Claimants failing on one of the issues, the costs...
Angel Group Ltd & ors v Davey [2019] WTLR 359
Summer 2019 #175The Claimants were a group of companies (“Angel Group”) comprising a holding company (“AGL”) and three wholly owned subsidiaries which were in the business of property development and commercial and residential lettings. Its business was substantially dependent on contracts with the UK Border Agency to provide accommodation for asylum seekers. The Defendant, who was the sole Director of the Angel Group, held (directly or indirectly) all of the shares in AGL. The Defendant, and one of the subsidiaries, purchased a number of real properties located in Israel, Northern Cyprus and California...
Bhusate v Patel & ors [2019] WTLR 393
Summer 2019 #175The claim related to the estate of Mr Bhusate who died on 28 April 1990. His first wife (Mrs Bhusate) had died in 1971. The 1st to 5th defendants were Mr Bhusate’s children by his marriage to Mrs Bhusate. The claimant was his third wife. The 6th defendant was the only child of Mr Bhusate and the claimant.
Mr Bhusate died intestate. Letters of administration were granted to the claimant and the 1st defendant on 12 August 1991. The estate principally comprised a property in London where the claimant and Mr Bhusate lived (the property). The property remained registered in Mr Bhusate’...
Phillipe & ors v Cameron & ors [2019] WTLR 661
Summer 2019 #175The claimants were the trustees (‘trustees’) of land at Sandy Lane, Cheam (‘land’) which had been occupied by St Andrew’s (Cheam) Lawn Tennis Club (‘club’) since the execution of a declaration of trust dated 11 July 1938 (‘trust deed’). The club had been established for the purpose of acquiring and fitting out land for use at a tennis club by members of St Andrew’s Cheam United Reformed Church (‘church’). When an opportunity arose to acquire suitable vacant land, a general meeting was called at which it was proposed to spend £750 in the purchase of the land and additional sums for the co...
Price v Saundry & anr [2019] WTLR 683
Summer 2019 #175The First Defendant sought to rectify two declarations of trust entered into by the Claimant and the deceased husband of the First Defendant (“Mr Saundry”) in 2006 and 2009. The trusts arose out of a residential property business operated by Mr Saundry and the deceased husband of the Claimant (“Mr Price”).
Both of the declarations of trust related to a large number of properties, which were legally held in Mr Saundry’s sole name, but according to the declarations of trust were beneficially owned as tenants in common in equal shares by Mr Saundry and the Claimant.
The 2006 d...
Tachi v Woodward [2019] WTLR 695
Summer 2019 #175The Claimant issued proceedings in October 2016 inviting the Court to pronounce against the will of the deceased dated 12 June 2007 and in favour of an earlier will dated 10 October 2006, which appointed the Claimant and one other as executors. The Defendant was the sole executor and beneficiary of the 2007 will. After the close of pleadings, directions were given and the matter listed for trial with a time estimate of 5 days, to commence on 5 November 2018.
On 6 March 2018 the Claimant invited the Defendant to consent to the deceased’s previous solicitors, Dixon Ward, being autho...
Gelber & anr v The Sutherland Foundation & ors [2019] WTLR 29
Spring 2019 #174The claimants and two of the defendants were all grandsons of the 11th Duke of Marlborough and beneficiaries of a settlement made on 13 October 1981. The trustees of the 1981 settlement are a Guernsey foundation and one of its council members. The foundation was not a trust corporation within the meaning of s68(18) Trustee Act 1925.
Amongst the trust assets were 166 acres of land at Woodstock, Oxfordshire which in 2018 was granted planning permission for residential development, subject to a condition that the trustees give a binding covenant to make a heritage contributi...