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Coles v Reynolds & anr WTLR(w) 2021-02
JUDGMENT HHJ PAUL MATTHEWS: Introduction [1] This is my judgment on the trial of a claim brought by the claimant against her sister and brother in law in relation to their mother’s will and related affairs of her estate. In part it is a probate claim, for an order revoking the grant of probate made …
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February 26, 2021
Anaghara v Anaghara & ors WTLR(w) 2021-01
JUDGMENT MR JUSTICE ZACAROLI: Introduction [1] This is an appeal against the decision dated 26 September 2019 of HHJ Hellmann sitting in the County Court at Central London following a trial of the claimant’s claim for possession of a property in Golders Green, London (the ‘Property’) and for mesne profits. [2] The claimant is the …
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Re Wales [2020] WTLR 1121
JUDGMENT MASTER TEVERSON: [1] This claim is brought by the Claimants, Mr John Wales and Mr Andrew Wales, as the executors of the estate of the late Peter Henry Wales (‘the Deceased’) who died on 17 February 2015 a widower without children. It asks the court to determine an issue of construction of the Deceased’s …
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December 16, 2020
Swan & ors v Gibbs & ors [2020] WTLR 1109
JUDGMENT MASTER TEVERSON: [1] I have before me two applications under the Variation of Trusts Act 1958 (‘the 1958 Act’) relating to the same family. The first application [PT-2020-000016] concerns the trusts of the will of Sir August Cayzer (‘the Baronetcy Trust’) under which property is held in two funds known as ‘James’s Fund’ and …
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Re Studdert [2020] WTLR 1097
JUDGMENT CHIEF MASTER MARSH: [1] Michael John De Clare Studdert (Mr Studdert) died on 9 August 2017. Mr Studdert was single and had no immediate family. He was a paedophile. He left a will dated 3 February 2016 under which he appointed the partners of Nockolds Solicitors and the second claimant as his executors. A …
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Sofer v SwissIndependent Trustees SA [2020] WTLR 1075
JUDGMENT ARNOLD LJ: Introduction [1] This is an appeal against an order dated 14 August 2019 of HHJ Paul Matthews sitting as a Judge of the High Court (‘the Judge’), whereby he struck out the Claimant’s claim for breach of trust against the Defendant pursuant to CPR r3.4(2)(a) on the ground that it did not …
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Smith & anr v Stanley & ors [2020] WTLR 1059
JUDGMENT MR DAVID REES QC: [1] This is a Part 8 claim relating to the trusts of the Will of Malcolm Stanley who died on 30 March 2015. The claimants are Richard Barrington Smith and Peter Fornara. Mr Smith is both an executor of Mr Stanley’s Will which is dated 14 March 2015 and a …
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Shapton v Seviour (Costs) [2020] WTLR 1053
JUDGMENT (COSTS) DEPUTY MASTER LLOYD: [1] I heard this matter on the 17th March 2020 and reserved judgment. I directed that following the release of a draft judgment, the parties should lodge written submissions on costs, which I would dispose of without a further hearing. [2] The draft was released, and written submissions have been …
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Shapton v Seviour [2020] WTLR 1047
JUDGMENT DEPUTY MASTER LLOYD: [1] On the 8th August 2016 Colin John Seviour died. He left surviving him his widow Maria Barbara Seviour, who he had married in March 1999. It was a second marriage for both. By his first marriage he had two children Carly, the claimant in this action and Chris S. The …
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Rettendon Parish Council v Hart & ors [2020] WTLR 1029
JUDGMENT ZACAROLI J: Introduction [1] On 5 December 1861 by an award (the ‘Award’), made under the Inclosure Act 1845 (the ‘1845 Act’), two plots of land within the parish of Rettendon in Essex were allotted for the benefit of the local inhabitants. It is common ground that the allotments created two separate charitable trusts …
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