Cowan v Foreman & ors [2019] WTLR 707
Wills & Trusts Law Reports | Autumn 2019 #176The appellant appealed from an order of Mostyn J by which he refused her permission pursuant to s4 of the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) to bring an application out of time for reasonable financial provision out of the estate of her late husband (the deceased), who had died in 2016 leaving an estate of £29m. By his will the deceased left all his business assets qualifying for 100% business property relief on a discretionary trust (the business property trust) for a class of beneficiaries (the discretionary beneficiarie...
Group Seven Ltd & anr v Notable Services LLP & anr [2019] WTLR 803
Wills & Trusts Law Reports | Autumn 2019 #176These appeals arose from the a ‘brazen fraud’ by which Allseas Group SA was defrauded of €100 million. After the fraud took place, there was an attempt to launder the proceeds through the client account of a London firm of solicitors, Notable Services LLP, whose partners included Mr Landman. Police intervention secured the return of €88 million – the present proceedings concerned attempts to recover the remainder of this sum from Notable, Mr Landman, Mr Louanjli (a bank employee who provided information to Notable) and LLB Verwaltung, the bank who employed him (”the Bank”).
In add...
Lomax & ors v Greenslade [2019] WTLR 171
Wills & Trusts Law Reports | Spring 2019 #174The three adult children of a Mr Lomax brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against Ms Greenslade, the sole executor and beneficiary of Mr Lomax’s estate.
At trial HHJ Bailey concluded that the estate, which comprised a single property in London valued at £699,000, failed to make reasonable provision for the three children. He decided that Ms Greenslade should receive £69,000, being the sum of £20,000 which the deceased intended to give her under a draft will that was never executed, and the sum of £49,000 to cover the costs...
Manchester City Council v G & ors [2011] EWCA Civ 939
Wills & Trusts Law Reports | April 2014 #138This is an appeal from a judgment of Baker J [2010] EWHC 3385 (Fam) making an award of costs at the conclusion of long-running proceedings in the Court of Protection. The costs related to an interim hearing lasting eight days from January through to March, and, following judgment on 26 March 2010 ([2010] EWHC 621 (Fam)), a further hearing on 6 May 2010. In respect of costs, the judge said:
‘In all the circumstances, I conclude that this is a case for departing from the general rule set out in r157 of the Court of Protection Rules, and I make an order in the follo...
Singh & ors v Ahluwalia [2012] EWCA Civ 1635
Wills & Trusts Law Reports | March 2013 #127The testator, Ranjit Singh (D), died in 2009. He had executed a will dated 3 May 1999, naming his eldest son, the claimant (J), as executor and sole beneficiary. The will was attested by two witnesses, Maurice Grantham (G) and Gurdial Ahluwalia (A). D’s daughter, Balvinder Ahluwalia (B), challenged the will on the grounds that the two witnesses had signed it on two separate and distinct occasions at different places. G gave evidence that he had signed the will when D visited his house and he was the only witness present, but he was not able to identify the will when it was shown to...
Page & anr v Hewetts Solicitors & anr [2012] EWCA Civ 805
Wills & Trusts Law Reports | October 2012 #123The claimants (P) were the beneficiaries under their parents’ will. The first respondents Hewetts, solicitors (H) were retained to advise and act for P in the administration of their parents’ estates. The second respondent, Christopher Fuller (F) was employed by H as a legal executive. F was instructed by P in 1998 in relation to a sale of P’s parents’ property. Unknown to P at the time, F carried on business as a property developer through Exnine Developments (E) and recommended that P sell the property for £190,000 to Sahana Enterprises Ltd (S), which had agreed...