Thompson v Hopkinson [2021] WTLR 1521
Wills & Trusts Law Reports | Winter 2021 #185The pursuer and appellant (the appellant) brought proceedings for the production and reduction of a will executed by his late brother, Samuel Thompson, on 27 November 2018. Samuel Thompson had subsequently died on 26 February 2019.
The defendant and respondent (the respondent) was the principal beneficiary and residuary legatee in terms of the 27 November 2018 will. The respondent had provided care services to the deceased from 2012 until his death. In a prior will dated 26 April 2012 the deceased left his entire estate, save for his home, to the appellant.
The appellant ...
O’Neill v Holland [2020] WTLR 1397
Wills & Trusts Law Reports | Winter 2020 #181This was a second appeal against the decision of HHJ Pelling to overturn the trial judge’s order declaring inter alia that A was a 50% beneficial owner of A and R’s former home (the property) under a common intention constructive trust.
The trial judge had found that A’s father had bought the property in 1998 with the intention that it should be A and R’s family home. In 2008, A’s father had transferred the property to R for nil consideration. The trial judge had found that A’s father intended A to have a beneficial interest in it and had originally planned to transfer it into A a...