P v P [2015] EWCA Civ 447
Wills & Trusts Law Reports | July/August 2015 #151A husband and wife met in 1999 and married in 2003. They had one child together, of primary school age at the time of the proceedings. In 2005 the husband and wife moved into a farmhouse owned by the husband’s parents. In 2009 the husband’s parents settled the farmhouse on a discretionary trust for the benefit of their children and remoter descendants. Subject to the power to appoint the capital and income to the discretionary beneficiaries, the farmhouse was held on trust to pay the income to the husband for life, and it was declared that the making of any land comprised within the trus...
Hart & anr v Burbidge & ors [2014] EWCA Civ 992 On appeal from: [2013] EWHC 1628 (Ch)
Wills & Trusts Law Reports | October 2014 #143and
1. ARTHUR KENNETH GERALD SAMWAYS
2. GRAHAM DOUGLAS SAMWAYS
3. CHRISTINE MARGARET GARLINGE
4. PETER KENNETH HART
5. LEWIS ROGER HART
6. GEMMA LOUISE HART
v
1. SUSAN ANNE BURBIDGE
2. BRIAN JEFFERY BURBIDGE
3. KENNETH CHARLES HART
4. PAUL ROGER HART
The appellants appealed a decision in two actions that had been tried together ...
Lewis v Lewis [2014] EWCA Civ 412
Wills & Trusts Law Reports | July/August 2014 #141This was an application for permission to appeal from a decision of HHJ Seys Llewellyn QC in a case concerning wills. Peter Lewis contested the will of his father, Kenneth Lewis on the basis of undue influence and/or fraud. David Lewis, the beneficiary under the will, issued proceedings to determine the issue. The judge below found for David.
The application concerned Peter’s litigation capacity. Peter suffered from Asperger’s syndrome. In the earlier stages of the litigation Peter was in receipt of legal aid and represented by solicitors. At their request and on the basis of an e...