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Laird v Simcock & ors [2023] WTLR 1393
JUDGMENT MR JUSTICE EDWIN JOHNSON: Introduction [1] This is the hearing of an appeal against an order of Master Clark made on 26th July 2022. By that order (‘the Order’) the Master dismissed the claim made by the Claimant for rectification of a deed of appointment dated 31st December 2019 (‘the Deed of Appointment’). The …
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November 27, 2023
Lattimer v Karamanoli [2023] WTLR 1433
JUDGMENT MASTER CLARK: [1] This is my judgment on 2 applications: (1) the claimant’s application dated 3 February 2023 seeking summary judgment on part of his claim; and reverse summary judgment and/or to strike out the defendant’s counterclaim insofar as it seeks rectification; (2) the defendant’s application dated 24 May 2023 seeking permission to amend …
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Lumb v Lumb [2023] WTLR 1459
JUDGMENT HHJ JUDGE DAVIS-WHTE KC: Introduction [1] This is an appeal against the costs order of Deputy District Judge Whitehead dated 13 December 2022, whereby he made no order as to costs but granted permission to the Appellant to appeal. The context was a successful summary judgment application by the Claimant, seeking pronouncement in solemn …
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McLean & ors v McLean [2023] WTLR 1495
JUDGMENT SIR ANTHONY MANN: Introduction [1] Where parties agree to leave true mutual wills, their agreement is capable of giving rise to trusts affecting their property which prevent the second to die from effectively resiling from the agreement, via the mechanism of the imposition of an implied trust (or perhaps a constructive trust). That that …
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Rea v Rea & ors [2023] WTLR 1509
JUDGMENT HHJ HODGE KC: I: Introduction [1] This is my reserved judgment following the retrial, over four days from 4 to 7 July 2023, of this contested probate claim, which was issued as long ago as 5 July 2017. The claimant is represented by Mr Robert Deacon (of counsel), instructed by Britton & Time Solicitors; …
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Sangha v Sangha & ors [2023] WTLR 1561
JUDGMENT LORD JUSTICE NUGEE: Introduction [1] This second appeal arises after judgment in a probate action that was tried before Deputy Master Bowles, an experienced former Chancery Master who was sitting in retirement (‘the Deputy Master’), and raises two main questions. The late Hartar Singh Sangha died on 3 September 2016 in Chandigarh, Punjab, India …
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Walsh & ors v Spence & ors WTLR(w) 2023-09
JUDGMENT UPPER TRIBUNAL JUDGE MARK WEST: The Parties [1] In this action the Claimants (‘Cs’) are the current trustees of the Royal Antediluvian Order of Buffaloes Grand Lodge of England Comprehensive Trust Deed Fund (Charity No. 220193) (‘CTF’), the Journal Children’s Fund Royal Antediluvian Order of Buffaloes (Charity No. 529575)… ’JCF’) and the War Memorial …
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Copley v Winter WTLR(w) 2023-08
JUDGMENT HHJ PEARCE: Introduction [1] This claim relates to the will of Elaine Doris Lodge (hereafter ‘Elaine1‘). She was born on 22 June 1944 and died on 22 February 2019 at a care home, Victoria House which is in Ryhill, Wakefield (‘Victoria House’). During her life she lived for more than 50 years with Brenda …
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November 26, 2023
Alizade & ors v Kudlick [2023] WTLR 795
JUDGMENT DEPUTY MASTER FRANCIS: Introduction [1] This is a claim brought under s25 of the Administration of Estates Act 1925, and under the court’s inherent supervisory jurisdiction over trustees, for orders requiring the defendant, Martin Kudlick:- a) to render an account of the administration of the estates of Harold Miller and Ethel Miller to the …
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August 29, 2023
Baker & anr v Hewston [2023] WTLR 815
JUDGMENT HHJ TINDAL: Introduction [1] This is a case which at a legal level is about the relationship between the common law test of testamentary capacity in Banks v Goodfellow (1870) LR 5 QB 549 and the Mental Capacity Act 2005 (‘MCA’). However, at a human level, it is about the impact of a deceased …
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