Jones & ors v Jones [2023] WTLR 1371
Winter 2023 #193The deceased died on 16 September 2021 leaving what purported to be a will dated 4 July 2021. It was signed by her and witnessed by a neighbour and a chartered accountant. It appointed the defendant, her daughter, as executrix and beneficiary of her entire estate.
The deceased’s other surviving children (the first claimant and the second claimant) and the children of a deceased child of the deceased (Vicky) (the third to sixth claimants) challenged the will on the grounds of lack of testamentary capacity, lack of knowledge and approval, and undue influence by the defendant over th...
Laird v Simcock & ors [2023] WTLR 1393
Winter 2023 #193The deed was intended to appoint a life interest in the assets not attracting IHT relief to the deceased’s widow, the first defendant. The interest so appointed would then qualify for the spousal exemption. Due to the wording of the deed however it appointed an interest in all of the trust assets, not merely those which did not qualify for IHT relief.
The claim was issued for rectification of the deed. The claim was adjourned with directions at the first hearing, the Master expressing the view that the evidence was insufficient to sustain the rectification claim. Further evidence ...
Lattimer v Karamanoli [2023] WTLR 1433
Winter 2023 #193Evi Kalodiki (the testatrix) passed away on 31 December 2018, having executed a purported will dated 27 December 2018 (the will) and married the claimant on 28 December 2018. The claimant maintained that the will was revoked by the testatrix’s marriage to him. The defendant was the testatrix’s sister and was named as a beneficiary in the will.
By an application to the Central Family Court, the defendant sought a declaration under s55 of the Family Law Act 1986 in respect of the status of the marriage, contending, among other things, that the marriage was invalid ...
Lumb v Lumb [2023] WTLR 1459
Winter 2023 #193This was an appeal against the decision of Deputy District Judge Whitehead dated 13 December 2022, whereby he made no order as to costs but granted the claimant permission to appeal following his successful summary judgment application, by which the claimant had sought and obtained pronouncement in solemn form in favour of the validity of the will of his mother, Ina Margaret Lumb (deceased), and ancillary orders. The learned judge found that the usual costs rule that costs follow the event did not apply because it was displaced by CPR r57.7(5)(b) under which the court would not ...
McLean & ors v McLean [2023] WTLR 1495
Winter 2023 #193In 2017 a husband and wife executed mirror wills leaving their respective estates to the survivor and the residue to their four children in equal shares. In March 2019 the husband died and the wife inherited his estate. In August 2019 the wife executed a new will leaving her entire estate to one son, the defendant in the proceedings. She died 11 days afterwards. The three remaining children argued that the 2017 wills were mutual and that the wife’s estate was therefore held on trust for them equally. They relied on a conversation between the husband and wife and their solicitor where, in...
Rea v Rea & ors [2023] WTLR 1509
Winter 2023 #193The dispute concerned which will of the deceased, Anna Rea, should be admitted to probate. Her first will dated 29 May 1986 gave all of her property to such of her four children as should survive her, if more than one in equal shares absolutely, subject to them surviving her by 28 days (the 1986 will).
A more recent will dated 7 December 2015 (the 2015 will) was witnessed by the solicitor who prepared it and the deceased’s GP. It provided for the deceased’s house to be left to the claimant, on account of the care she had given the deceased, with the residue to be divided between h...
Alizade & ors v Kudlick [2023] WTLR 795
Autumn 2023 #192Mr Kudlick, a chartered accountant and the defendant, was a trustee of the Marian Miller Settlement from 1973 and was later an executor and trustee of the estates of Marian Miller’s late parents, Harold Miller, who died on 29 December 1984, and Ethel Miller, who died on 26 December 1987. With his co-executor Mr Levy, Mr Kudlick was responsible as executor for the administration of the estates of the late Harold and Ethel Miller. He and Mr Levy were trustees of three trusts, the property of which comprised one-quarter of Harold’s and one quarter of Ethel’s residuary estates, together with...
Baker & anr v Hewston [2023] WTLR 815
Autumn 2023 #192Stanley was married to Agnes and had three children: Ronald, Martin and Jennifer. He also had eight grandchildren including Jennifer’s daughter Emma and Ronald’s son Luke. Stanley separated from Agnes in the 1980s and moved in with his partner Kathleen, supported for many years by her daughter, the defendant. In 2010, Stanley and Kathleen each made wills leaving half shares in their new jointly owned home in Birmingham (the ‘Bungalow’) to Martin and the defendant. Kathleen died in April 2014 and Stanley handed the deeds to the Bungalow to the defendant in an envelope marked ‘Di, keep saf...