Rahman v Hassan & ors [2024] WTLR 1069
Autumn 2024 #196The claimant was a distant relative of the late Mr Al-Hasib Al Mahmood (the deceased) and had become increasingly close with the deceased in the period since the claimant had moved to England. The claimant, and the claimant’s wife, had provided a great deal of care and assistance to the deceased and the deceased’s wife. Eventually, the claimant had moved in with the deceased and his wife.
The claimant alleged that on two separate occasions, five days apart from one another, the deceased performed acts amounting to donationes mortis causa, in favour of the claimant, regard...
Otitoju v Onwordi [2024] WTLR 655
Summer 2024 #195Two applications had been made concerning the funeral arrangements of the deceased. In the first application, the claimant (one of the deceased’s children who had the support of her siblings and her mother) applied for an order that she be entitled to possession of the deceased’s body and to make arrangements for its disposal, and for a limited grant of letters of administration (on the basis that the deceased died intestate) under the Senior Courts Act 1981 and an interim injunction restraining the defendant (the deceased’s former partner) from taking possession of the deceased...
Pierce & anr v Barton & anr [2024] WTLR 679
Summer 2024 #195By clause 5 of his will dated 2 November 2015 (the will) Malcolm Barton (the testator) gave to his son, the first defendant, a specific bequest which was described as Flat 2, 35 Upper Church Road, Weston-Super-Mare (the flat). The testator died on 12 May 2019. Probate was granted to the claimants who were two of the partners in the firm of Wards, Solicitors (Wards) on 10 January 2020. At the time of making the will and at the time of his death the testator was the sole surviving registered proprietor of a legal charge dated 17 November 2006 over the flat securing the sum of £87,727.52 (t...
Stoney-Andersen v Abbas & ors [2024] WTLR 741
Summer 2024 #195The issue before the court was costs in proceedings relating to the estate of Vincent William Cashinella (the testator), who died on 25 November 2019. By a will dated 30 May 1995 (the will) the testator appointed his wife, Olwen, and the first defendant, who was married to Olwen’s niece, as executors. The testator’s wife predeceased him and probate of the will was granted to the first defendant alone.
By a Part 8 claim dated 8 September 2022 (the claim), Olwen’s grandniece (the claimant) brought proceedings originally for:
- (1) an order removing the first defendant as ...
Harvey & anr v Van Hoorn [2023] WTLR 1323
Winter 2023 #193This was a claim for an order under the Variation of Trusts Act 1958, or alternatively a direction that the trustees of a settlement be at liberty to implement an arrangement involving the release and reimposition of certain powers. The claimants were the only trustees of the trust, and were also, respectively, the widow of the settlor, who had become the trust’s life tenant upon his death, and the settlor’s only child, who was also one of the objects of a discretionary power of appointment under the trust. They were concerned about the capital gains tax consequences that would ...
James v Scudamore & ors [2023] WTLR 961
Autumn 2023 #192The deceased died on 21 June 2010. His will, dated 6 March 1998, gave a life interest in the matrimonial home to his second wife, with remainders to the claimant and his brother, who were children of the deceased’s first marriage. A codicil, dated 26 December 2002, replaced the life interest with an absolute gift to the second wife. The deceased’s second wife obtained probate, relying on a copy of the codicil as the original could not be found, and administered the estate. The second wife made a will by which 70% of her residuary estate went to her sister, and 30% to the claimant’s three...
SwissIndependent Trustees SA v Sofer & ors [2023] WTLR 329
Spring 2023 #190The claimant, a Swiss corporation, was the sole trustee of three discretionary trusts named as the Gabri, Puyol & Xavi trusts (the trusts) which had been created via a British Virgin Islands (BVI) company by Hyman Sofer (the settlor) in 2006. The trusts, though expressed to be governed by English law, were set up in Australia and a holding vehicle called the Jordi Unit Trust was used to channel the investments. Neither the settlor nor his children or remoter issue originally figured as settlor and beneficiaries, though they were later added to the classes of ‘Specified Beneficiaries’...
Dunbabin & ors v Dunbabin [2022] WTLR 917
Autumn 2022 #188Angela and John Dunbabin purchased a property known as 29 Beverley Place, Springfield, Milton Keynes (the property) in 1983. The conveyance was silent as to the beneficial interests though it contained a declaration that either of the purchasers could give a valid receipt for capital money arising on a disposition of land. With the assistance of Terry Oldfield, a professional will writer, they executed ‘mirror’ wills giving their own share of the property to trustees upon trust for sale and to hold the net rents and profits and the net income from the sale proceeds in trust for the other...
Dunbabin & ors v Dunbabin (costs) [2022] WTLR 935
Autumn 2022 #188On 10 February 2022 judgment was delivered on a claim brought under Part 8 of the Civil Procedure Rules in relation to issues which had arisen in the administration of the estates of Angela and John Dunbabin. The main issue related to the question whether they had severed their beneficial joint tenancy, so as to hold the legal title to their residence upon trust for themselves as tenants in common in equal shares, with the result that on the death of Angela her half share devolved according to the terms of her will instead of passing automatically by survivorship to John. The cl...
Pescatore v Valentino & ors [2021] WTLR 917
Autumn 2021 #184The claimant, a Mongolian national, was the second wife and widow of the deceased. She applied for an interim anti-suit injunction against two of the three defendants, the deceased’s adult children, restraining them from continuing proceedings against her in Italy pending a trial of a dispute concerning the deceased’s will in England.
The deceased was born in Italy, but was a naturalised British citizen. He had lived in England for 58 years until his death, aged 78, in 2018. His entire working life had been in England. He paid tax in the UK. He had raised a family in England (incl...