Williams v Williams & ors [2024] WTLR 1137
Autumn 2024 #196In 1986, a farm known as Cefn Coed was purchased by Mr and Mrs Williams and one of their sons, the appellant. There was no express declaration of trust. Mr and Mrs Williams and the appellant were in a partnership and the partnership paid the mortgage on Cefn Coed. The wills of Mr and Mrs Williams dealt with Cefn Coed as though it was held on a tenancy in common in equal shares and Mr Williams was found to have served a notice of severance of any joint tenancy before his death. Mrs Williams and then Mr Williams passed away. It was determined that Cefn Coed was not a partnership asset but,...
Jennison v Jennison & anr [2023] WTLR 543
Summer 2023 #191The claimant was married to Graham Jennison (the deceased) who died domiciled in New South Wales on 11 July 2007. He left a will dated 16 August 2006 appointing the claimant as sole executrix. Probate was granted to the claimant on 15 May 2008 in New South Wales (NSW) (the grant).
The proceedings, in respect of alleged breaches of trust, were issued on 18 February 2019 by the claimant as personal representative of the deceased. The particulars of claim relied upon the grant. The defence pleaded that it was not admitted that the grant conferred jurisdiction to the claimant in respe...
Begum v Ahmed [2022] WTLR 1189
Winter 2022 #189The appellant was the widow of Mohammed Yousaf Khan (Mr Khan), who had died on 22 March 2015 without making any financial provision for her under the terms of his last will dated 11 February 2014 (the 2014 will). Instead, Mr Khan had left the entirety of his estate, after payment of debts and expenses, to his daughter and personal representative, the respondent. The appellant, who was elderly and disabled, had lived at 22 Lombard Avenue, Dudley (Lombard Avenue) since 1993.
Probate was granted on 11 April 2016 and solicitors instructed by the respondent wrote demanding possession o...
Executor of HRH Prince Philip v HM Attorney General & anr [2022] WTLR 1251
Winter 2022 #189This was an appeal against the decision of the president of the Family Division (PFD) to seal for 90 years the will of HRH The Prince Philip, Duke of Edinburgh, to publish a list of 33 sealed wills of deceased members of the Royal Family, and to seal those 33 wills for 90 years (Re Will of HRH The Prince Philip, Duke of Edinburgh [2021]).
At the start of the original hearing, the PFD directed that the hearing should take place in private, having only heard submissions from Prince Philip’s executor and the Attorney General (AG), but that the judgment should be made public....
Hirachand v Hirachand & anr [2021] WTLR 185
Spring 2022 #186The deceased left the entirety of his modest estate to the appellant, his wife of many years. At the time of the proceedings, the appellant was a frail woman in her 80s who was profoundly deaf and living in a care home. The respondent, the estranged adult daughter of the deceased, brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975. The appellant originally failed to file an acknowledgment of service and evidence in accordance with CPR 8.4-8.6. She obtained relief from sanctions by consent but failed to meet the new deadline. No further ...