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Jopling v Leavesley & anr [2013] EWCA Civ 1605
JUDGMENT LEWISON LJ: [1] Mr Jopling is the executor of the late Kenneth Smith. On 6 January 2012 he issued proceedings against Mr Smith’s stepdaughter, Mrs Leavesley and his niece, Mrs Thompson. In his particulars of claim he alleged that each of them had obtained a cheque for £25,000 drawn on Mr Smith’s bank account …
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May 31, 2014
HMRC v Lord Howard of Henderskelfe (dec’d) [2014] EWCA Civ 278
JUDGMENT LJ RIMER Introduction [1] Lord Howard of Henderskelfe died on 27 November 1984. Included in the personal estate that devolved onto his executors was a valuable portrait painted by Sir Joshua Reynolds in about 1775. The picture was of Omai, a South Sea islander. On 29 November 2001, the executors sold the picture at …
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Fischer v Diffley & anr [2013] EWHC 4567 (Ch)
JUDGMENT HHJ DIGHT: [1] The claimants, who are the representatives of the family in Germany of Louise Beck, whom I will refer to as the deceased, who died on the 17 January 2011 aged 83, seek a declaration that she died intestate and that the two wills executed by her and respectively dated 1 March …
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Brooke & ors v Purton & ors [2014] EWHC 547 (Ch)
JUDGMENT DAVID DONALDSON QC: [1] This action concerns a will which went seriously wrong in the drafting. The court is asked to put it right by construction and/or rectification. The application is made by the executors of the will and trustees of a trust arising under the will, probate of which was granted on 29 …
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White v Matthys & ors [2014] EWHC 648 (Ch)
JUDGMENT RICHARD SHELDON QC: Introduction [1] In this Part 8 claim, the claimant seeks directions pursuant to CPR r64.2(a) as to how the estate of Joseph Robson (the deceased) should be distributed. The claim raises issues as to the proper construction and effect of the Political Parties Elections and Referendums Act 2000 (the 2000 Act). …
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April 30, 2014
R (on the application of Walford) v Worcestershire County Council & anr [2014] EWHC 234 (Admin)
JUDGMENT SUPPERSTONE J: Introduction [1] Miss Glen Walford, the claimant, challenges the decision of Worcestershire County Council, the defendant, dated 11 January 2013 to uphold its reversal of a previous decision to disregard a property, Sunnydene, Astley Burf, Stourport-on-Severn (Sunnydene), owned by Mrs Mary Walford, the claimant’s elderly mother, in calculating her mother’s ability to …
Pullan v Wilson & ors [2014] EWHC 126 (Ch)
JUDGMENT HHJ HODGE QC: [1] This cases raises interesting, and difficult, questions concerning the reasonableness of the remuneration charged to a number of family trusts by a professional trustee. There is no dispute about the relevant underlying principles; but I have been taken to no authority which assists in applying them to the circumstances of …
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National Westminster Bank plc v Lucas & ors [2014] EWHC 653 (Ch)
JUDGMENT SALES J: Introduction [1] These proceedings relate to the administration of the estate of Jimmy Savile, the television presenter. Jimmy Savile died on 29 October 2011. The current value of his estate, after allowing for a range of expenses that have been incurred, is about £3.3m. [2] Jimmy Savile left a will. The executor …
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Markou & anr v Goodwin & ors [2013] EWHC 4570 (Ch)
JUDGMENT NUGEE J: [1] This is the trial of a probate action. Mrs Eileen Nora Rand (née Goodwin) died on 4 November 2007 aged 79. There are two wills in contention. The claimants propound a will dated 25 June 2007 (the 2007 will) and the defendants propound a will dated 18 December 1969 (the 1969 …
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Loring v Woodland Trust [2013] EWHC 4400 (Ch)
JUDGMENT MRS ASPLIN J: [1] This claim relates to a construction of clause in the last will of Valery Joy Smith dated 2 February 2001 (the will). Mrs Smith, to whom I shall referred to as the testatrix, died on 1 September 2011. The claimants are the executors of the will, probate having been granted …
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