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,...
Kenig v Thomson Snell & Passmore LLP [2024] WTLR 595
Summer 2024 #195The claimant and his sister were beneficiaries of the will of their mother. The defendant, a solicitors’ firm, was instructed by the sole executor to administer the estate. The defendant’s original costs estimate was £10,000-£15,000 plus VAT, but its invoices totalled £54,410.99 plus VAT and expenses. The claimant challenged the fees charged and applied for an assessment under s71(3) Solicitors Act 1973, which a costs judge ordered. The defendant appealed on grounds restricted to Tim Martin Interiors Ltd v Akin Gump LLP [2011], namely, that it was not open to a benefici...
Sangha v Sangha & ors [2023] WTLR 1561
Winter 2023 #193Mr Hartar Singh Sangha made a will in 2007 dealing with both his English assets and his Indian assets. The 2007 will was executed as follows: Mr Sangha signed the will in the presence of one witness; that witness then signed the will; the second witness then entered, Mr Sangha acknowledged his signature in the presence of both witnesses and the second witness signed the will. In 2016, Mr Sangha made a further will in India dealing with his Indian assets. The 2016 will was declared to be Mr Sangha’s last will and contained a revocation clause revoking ‘all such previous documents’.
Hudson v Hathway [2023] WTLR 207
Spring 2023 #190After Jayne Hathaway (JH) and Lee Hudson (LH) started a relationship in 1990, JH moved into LH’s home and became a joint owner. They had two sons together but did not marry. After selling their home, they bought another in joint names. In 2007 they sold that home and, with a mortgage, bought Picnic House in joint names. The mortgage payments were made from a joint bank account, into which the salaries of them both were paid. LH’s contributions towards the mortgage payments far exceeded those of JH.
In 2009, LH left JH and moved in with another woman, whom he later married. JH cont...
Da Silva v Heselton & ors [2022] WTLR 1229
Winter 2022 #189The will of the late Gladys Townsend contained at clause 11 a charging clause, the relevant part of which was couched in the following words:
‘MY TRUSTEES shall have the following powers in addition to their powers under the general law or under any other provisions of this Will or any Codicil hereto… (g) for any of my Trustees who shall be engaged in any profession or business [to] charge and be paid (in priority to all other dispositions herein) all usual professional and other fees and to retain any brokerage or commission for work or business introduced transacted ...
Partington v Rossiter [2022] WTLR 257
Spring 2022 #186The deceased was domiciled in Russia and entitled to assets in Jersey. He made a will in the UK in 2013. He had initially prepared a draft himself, which defined his estate as his property, money and investments in the UK, and made specific legacies to his children in respect of his Jersey assets. The deceased’s solicitor advised him that the will did not need to refer to specific assets and it was redrafted. Clause 1 of the executed will stated ‘I confirm that this will only has effect in relation to my UK assets’. It divided the residuary estate equally between his children. The deceas...