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Hartogs v Sequent [2020] WTLR 505
JUDGMENT JUDGE HODGE QC: [1] This is my extemporary judgment on the hearing of a claim brought by way of Part 8 claim form dated 4 December 2018 by Mr Bernardo Guttenberg Willem Hartogs. By that claim form, he seeks to set aside two voluntary transactions which he made in 2009 and late 2013 and …
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October 18, 2020
HSBC v Tan Poh Lee & ors [2020] WTLR 493
JUDGMENT KAWALEY J: [1] The Plaintiff in this matter is the Trustee of a trust known as the Tan Kim Choo Family Scholarship Trust, which was settled on 21 October 2002 (the Trust). The Trust is governed by Cayman Islands law and this jurisdiction is also the forum for administration of the Trust. [2] By …
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Re H [2020] WTLR 479
JUDGMENT COHEN J: Introduction [1] I have been trying the Claimant’s (whom I shall call ‘C’) claim under the Inheritance (Provision for Family and Dependants) Act 1975 for provision from the estate of her late father. C is aged 50 and is the daughter of the deceased. [2] The other parties to the proceedings are …
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Goss-Custard & anr v Templeman & ors [2020] WTLR 441
JUDGMENT FANCOURT J: Introduction [1] This trial concerned the validity of the last will of Lord Templeman. The only issue is whether Lord Templeman had testamentary capacity when he executed the will before a solicitor and another witness in August 2008. This was a little under six years before his death in June 2014. The …
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GAAR Opinion notice [2020] WTLR 427
OPINION OF THE GAAR ADVISORY PANEL Subject Matter: Sidestepping a charge to Inheritance Tax. Reducing estate’s value via subscription for shares in a new company and gifting shares to an employee succession trust. Taxes: Inheritance Tax Relevant Tax Provisions: s28 Inheritance Tax Act 1984. Opinion: the entering into of the tax arrangements is not a …
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Amos v Mancini [2020] WTLR 417
JUDGMENT HHJ JARMAN QC: [1] The claimant, Mrs Amos, claims a declaration as to whether the forfeiture rule applies to her and if so, applies for modification of the effect of that rule under s2 of the Forfeiture Act 1982 (the 1982 Act). [2] The circumstances in which the need to make the claim arises …
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Ali v Taj [2020] WTLR 391
JUDGMENT MACDONALD J: Introduction [1] In this matter I am concerned with what has been listed as an application for permission to appeal, with appeal to follow if permission is granted against an order made by District Registrar Murphy on 7 August 2019 requiring the Appellant to exhibit on oath a true and perfect inventory …
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A v B & ors [2020] WTLR 385
JUDGMENT MCMILLAN J: Reasons for judgment [1] The matter before the Court arises from an Originating Summons dated 5 April 2019 issued by the Trustee of the Trust in question (the Plaintiff). [2] A Declaration was sought concerning the extent of the Power of Variation conferred on the Plaintiff by Art 5.25 of the Trust. …
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Watson v Kea Investments Ltd [2020] WTLR 351
JUDGMENT McCOMBE LJ: Introduction [1] This is the appeal of Mr Eric Watson (Mr Watson) from part of the order of 13 September 2018 of Nugee J made after the trial of an action between the respondent, Kea Investments Limited (Kea) and Sir Owen Glenn (Sir Owen), as claimants, against several defendants including Mr Watson …
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August 18, 2020
Todd v Parsons & ors [2020] WTLR 305
JUDGMENT HHJ PAUL MATTHEWS : Introduction [1] This is my judgment on the trial of a claim and counterclaim concerning the estate of the late Minnie Eileen Todd, who died on 6 April 2009, aged 96 years. She left two adult children, the claimant and the third defendant. By a will dated 25 September 2008, …
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