Re Shanavazi [2021] WTLR 1037
Autumn 2021 #184The claimant was the widow of Gohlam Dastagir Shanavazi (the deceased), who had died intestate on 29 December 2011. They had five children of whom four were adults by the time of the hearing. The claimant brought the Part 8 claim on behalf of the youngest child, her minor son Ilyas Firas Shanavazi, who was now 16.
Under German law Ilyas was entitled to a 1/10th share of his father’s estate. The claim was brought to allow the claimant on behalf of Ilyas to enter into a contract of sale of a property in Germany and to convey the property to the purchaser.
The claimant, the de...
Ware v Ware [2021] WTLR 725
Summer 2021 #183The claimant’s father (the testator) died on 21 October 2003 leaving his half share in the matrimonial home and his residual estate to his wife, the defendant, absolutely. On 4 October 2005 the defendant varied those dispositions by a deed of variation which, for inheritance tax purposes, was read back to the date of the testator’s death. The deed of variation created two trusts: the property trust and the will trust.
The property trust held the testator’s half share in the matrimonial property on trust for the defendant for life, with the remainder to the claima...
Womble Bond Dickinson (Trust Corporation) Ltd & ors v Glenn & ors [2021] WTLR 737
Summer 2021 #183The trustees of a settlement sought directions as to whether they could advance capital to certain beneficiaries pursuant to their powers under s32 Trustee Act 1925, as varied by a clause of the trust deed, so as to bring the trust to an end. They sought a declaration as to whether the proposed advancements were within the power as a matter of construction, (ie whether there were beneficiaries with interests prior to those of the beneficiaries in whose favour the advancements were to be made, whose consent was required), and, presuming that they were within that power, the court...
Clarke-Sullivan v Clarke-Sullivan [2021] WTLR 109
Spring 2021 #182The claimant and the deceased, who both originated from New Zealand, were married. They lived in London from 2006-10 and in Dubai from 2010-15, returning to London before the deceased’s death in 2019.
In 2014, the claimant and the deceased created a discretionary trust under the laws of New Zealand, with New Zealand being the initial forum of administration (the trust). The beneficiaries included the claimant and the deceased, their future issue and organisations that were deemed to be charitable under New Zealand law. The trust was established to hold property intended to be purc...
Gardiner v Tabet & anr [2020] WTLR 931
Autumn 2020 #180By a will dated 29 May 2017 (the will), Eric Tabet (the testator) gave the whole of his estate to the claimant. The testator, who suffered from long-standing mental illness, had recently been diagnosed with a brain tumour. The will, which was in accordance with the testator’s long-held testamentary intentions, was drawn up by Mr Jamal Hammoud, his close friend for 30 years. He is said to have prepared the will in accordance with those instructions, to have read it aloud to the testator and to have witnessed his signature of it together with another friend, Mr Moshin Lakhim. The testator ...
Payne & anr v Tyler & anr [2019] WTLR 1221
Winter 2019 #177By his will the deceased, who died in November 2010, left his estate as to one half to his widow. She, by a deed of variation complying with s142 Inheritance Tax Act 1984 ( ‘IHTA ‘) ,varied the will in order to settle her half share on a discretionary trust of which the beneficiaries were herself, her children and remoter issue. The trust included a power of appointment in favour of the beneficiaries.
In 2012, the widow was in need of additional income. The trustees proposed making an appointment to the widow giving her an irrevocable life interest in the trust f...
Gaskin v Chorus Law Ltd & anr [2019] WTLR 785
Autumn 2019 #176The claimant ‘C’ and second defendant ‘D2’ were two of the children of the deceased, who appeared to have died intestate in 2012. They appointed a probate company ‘D1’ to administer the estate, who took a grant under a power of attorney from D2 in 2013. By 2016, the estate had not been administered and C believed D2 was living in the deceased’s property, so C issued a claim to remove Ds as administrators and for D2 to pay an occupation rent. D1 consented to be removed, but on terms that its fees would be paid. D2 agreed to D1 being removed, but not to her own removal or to payment of occ...
Sheffield v Sheffield & ors [2019] WTLR 295
Spring 2019 #174Following judgment upholding claims for various breaches of trust (Sheffield v Sheffield & ors [2014] WTLR 1039, [2013] EWHC 3927 (Ch)), the judge ordered accounts, on the footing of wilful default, and inquiries consequent upon the judgment. The accounting parties were the executors of (and standing in the shoes of) a defaulting trustee (“A”) and the individual who benefited from the breaches of trust (“B”). Agreement was reached in respect of certain accounts and the claimant (“C”) pursued other accounts and inquiries, in respect of various issues. The judge also ordered t...