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Zarrinkhat v Kamal & ors HC12F02461
JUDGMENT MASTER MARSH: [1] The claimant has made a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) following the death of her mother (Mrs Theodore) on 18 February 2009. Mrs Theodore died leaving a will dated 29 October 2007 and the claimant says that the will does not make reasonable …
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September 30, 2013
Walden v Atkins [2013] EWHC 1387 (Ch)
JUDGMENT HHJ SIMON BARKER QC: Introduction [1] 30 April 2013 was to be the first day of a four-day trial to determine (1) whether Mr Michael Walden (C) had a beneficial interest in the property at 16 Farm Road, Leamington Spa (16 Farm) and, if so, the extent of C’s beneficial interest, and (2) whether, …
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Schomberg & ors v Taylor & ors [2013] EWHC 2269 (Ch)
JUDGMENT MARK CAWSON QC: Introduction [1] This is my judgment in the matter of Schomberg and Randall v David Howard Taylor & ors. [2] In this claim, the claimants, Vanessa Patrice Schomberg (Mrs Schomberg) and Derek George Randall (Mr Randall), who are named as the executors in what purports to be the last will and …
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Re the Hampel Discretionary Trust 1999 [2012] EWHC 2395 (Ch)
JUDGMENT HENDERSON J: [1] This is an application for rectification of a declaration of trust made on 9 July 1999 by Sir Ronald Claus Hampel and his wife, Jane, Lady Hampel, in relation to a property at Constantine Bay, Padstow in Cornwall. The name of the property is Little Clodiagh and the trust is known …
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Feltham v Bouskell [2013] EWHC 1952(Ch)
JUDGMENT: MR CHARLES HOLLANDER QC: [1] This is a solicitors’ negligence action brought by Lorraine Feltham against Freer Bouskell, solicitors, under the principle in White v Jones [1995] 2 AC 207. Ms Feltham claims that Freer Bouskell were instructed to prepare and execute a new will for her step-grandmother Ms Charlton under which she would …
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Re Boff 12338771
JUDGMENT MR DENZIL LUSH: [1] Can the donor of a Lasting Power of Attorney (LPA) appoint a replacement attorney to succeed another replacement attorney? [2] The answer depends on how one interprets s10(8) of the Mental Capacity Act 2005, which says as follows: ‘An instrument used to create a lasting power of attorney – (a) …
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Re Ashkettle [2013] EWHC 2125 (Ch)
JUDGMENT CHRISTOPHER PYMONT QC: [1] This is a probate action by which the claimants ask the Court to pronounce against the validity of a will dated 18 January 1999 and the defendant (by a late counterclaim) seeks a grant of probate of that will in solemn form. The claimants’ claim also seeks a grant in …
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AIB Group (UK) plc v Mark Redler & Co Solicitors [2013] EWCA Civ 45
JUDGMENT Lord Justice Patten: Introduction [1] These are consolidated appeals by the claimant and the defendant against two orders of HHJ David Cooke, sitting as judge of the Chancery Division, made on the hearing of various preliminary issues. The appeals are brought with the leave of the judge. [2] In 2006 the claimant, AIB Group …
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Green v Astor & onrs [2013] EWHC 1857 (Ch)
JUDGMENT ROTH J: Introduction [1] This judgment concerns the costs of an application by the administrator of an estate pursuant to CPR Part 64.2(a). However, to say that it concerns ‘only’ costs would be an understatement. Most of the substantive issues in the application were resolved by agreement and the rest dealt with in a …
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August 31, 2013
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