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Keeling v Keeling & anr [2018] WTLR 173
JUDGMENT Hollander J: [1] Ellen Exler (“Ellen”) was born on 6 December 1920. She had four siblings: Lillian Walker (“Lillian”), the claimant (“Frank”), Ernie, and the first defendant (“Stephen”). [2] In 1980, Ellen and her husband, Tom Exler, purchased Hadley House, Claypit Lane, Westhampnett, Chichester (“Hadley House”). Title to Hadley House remained unregistered throughout Ellen’s life and she kept …
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April 12, 2018
Lee & anr v Lee & anr [2018] WTLR 197
JUDGMENT HHJ PAUL MATTHEWS: Introductory [1] This is my judgment on a claim for rectification of a notice of severance of joint tenancy of certain land dated 31 January 2007. However, that is not how the claim started. The claim form is dated 24 March 2017, when it was issued under Part 7 of the …
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Lewis & ors v Tamplin & ors [2018] WTLR 215
JUDGMENT HHJ PAUL MATTHEWS: Introduction [1] This is my judgment on two proceedings listed for hearing before the court. The first is an application for pre-action disclosure (the application). It was begun by notice issued on 22 February 2017 at the County Court in Bath. It was supported by a witness statement of Sarah Eden …
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Macmillan Cancer Support v Hayes & anr [2018] WTLR 243
JUDGMENT HHJ MARK RAESIDE QC: Introduction [1] In this case Macmillan Cancer Support (the charity) brings proceedings against Christopher Charles Edward Hayes and Charles Ian Long in their capacity as executors of the estates of Sheila Mary Thompson (deceased), and Peter Thompson (deceased) to receive charitable donations provided for under Sheila and Peter Thompson’s wills. …
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Nield-Moir v Freeman [2018] WTLR 255
JUDGMENT HHJ PAUL MATTHEWS: Introduction [1] On 8 February 2018 I heard an application by the claimant for an order that the defendant submit to DNA testing to establish whether she was the biological daughter of Colin Wilson Birtles (the deceased), in relation to whose estate this claim is brought. At the end of the …
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OH v Craven [2018] WTLR 275
JUDGMENT MR NORRIS J: [1] The claimants in their respective personal injury proceedings applied for an order that the sums paid into the Court Funds Office following settlement of their claims should be paid out to the trustees of private ‘personal injury trusts’ established or to be established for their benefit. By arrangement with the …
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Palliser v HMRC [2018] WTLR 287
[1] This appeal concerns the deemed disposal for the purposes of Inheritance Tax of an 88.4% share in what the parties describe as the freehold interest 1 in a maisonette known as 12B Wedderburn Road, London NW3 5QG (‘the Property’) that was owned by Mr Arthur Palliser who died on 19 June 2012 (the valuation …
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Public Trustee v Harrison [2018] WTLR 299
JUDGMENT INTRODUCTION [1] By an indenture dated 6 March 1925 (the ‘Indenture’), Charles Harrison settled certain property (the ‘Fund’) on his daughter, Jeannette Harrison, on the terms and trusts set out in the Indenture. In order to avoid having to set out large portions of the Indenture in this Judgment, a copy of the Indenture …
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Roberts & anr v Fresco [2018] WTLR 309
JUDGMENT MR S MONTY QC: Introduction [1] The claimants’ application raises the question of whether a potential Inheritance Act claim by a surviving husband against his deceased wife’s estate abates on the death of the husband. [2] On 10 November 2016 Master Clark directed the hearing of this question as a preliminary issue in this …
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Tish & ors v Olley & ors [2018] WTLR 327
JUDGMENT ROSE J: [1] The claimants have brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the ‘1975 Act’) against the executors of the estate ofthe late Raymond Tish who died on 10 August 2014. He left a will which was made on 28 February 2014. Amanda Tish is the former …
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