The Estate of Nafisa Hasan v Digit Ltd & anr [2024] WTLR 883
Wills & Trusts Law Reports | Autumn 2024 #196The court determined preliminary issues in respect of whether the deceased (who died in 2022 after the issue of proceedings) had a beneficial interest in a residential flat and, if so, what that interest was and whether the interest was held on an express trust, constructive trust or resulting trust, or under the doctrine of proprietary estoppel.
The first defendant was a Cayman Island company incorporated in 1998, which acquired the leasehold title of the flat shortly afterwards. The first defendant was incorporated by the deceased’s former husband, a colonel in the Pakistani arm...
Clarke & ors v Shrewsbury and Atcham Constituency Labour Party & ors [2024] WTLR 67
Wills & Trusts Law Reports | Spring 2024 #194James Morris (the settlor), a Labour Party councillor and businessman, settled two trusts (the trusts). This claim concerned the validity of the trusts, their rectification, a proprietary estoppel claim by a beneficiary, and the consequences of the trusts’ invalidity.
The first trust concerned Morris Hall, Bellstone Court, Bellstone, Shrewsbury (the hall), which Mr Morris transferred to himself and three others to hold pursuant to a declaration of trust dated 5 April 1934 (the hall trust).
Clause 1(g) of the hall trust provided:
‘After making provision fo...
Thandi v Saggu [2024] WTLR 283
Wills & Trusts Law Reports | Spring 2024 #194The claimant was the freehold registered proprietor of 7 Parkside Parade, Dartford, Kent (7 Parkside Parade). The defendant was managing director of a construction company called Earlswood Interiors Ltd (Earlswood Interiors). Earlswood Interiors carried out some work on the claimant’s home, a different property. There was an issue with payment for additional works. In April 2018 Earlswood Interiors had been owed £15,000 and had demanded that sum from the claimant. It was found that no unwarranted or illegitimate pressure had been applied to the claimant but she had felt under pressure to...
Winter & anr v Winter & anr [2024] WTLR 327
Wills & Trusts Law Reports | Spring 2024 #194The court was concerned with the claim of Richard and Adrian Winter to challenge the dispositions made by their father, Albert Winter, in his will dated 30 April 2015 (the 2015 will) which left the residue of his estate to their brother, Philip. The principal asset in Albert’s estate was his share in a market garden business operated by the family for many years, and since 1998 as a partnership between Albert, his late wife Brenda, the claimants and the first defendant. In January 2004 the partnership business was transferred to a company.
The claim was put on two principal bases....
McLean & ors v McLean [2023] WTLR 1495
Wills & Trusts Law Reports | Winter 2023 #193In 2017 a husband and wife executed mirror wills leaving their respective estates to the survivor and the residue to their four children in equal shares. In March 2019 the husband died and the wife inherited his estate. In August 2019 the wife executed a new will leaving her entire estate to one son, the defendant in the proceedings. She died 11 days afterwards. The three remaining children argued that the 2017 wills were mutual and that the wife’s estate was therefore held on trust for them equally. They relied on a conversation between the husband and wife and their solicitor where, in...
Guest & anr v Guest [2023] WTLR 431
Wills & Trusts Law Reports | Summer 2023 #191A father made repeated promises to his son that he would inherit an undefined part of a farm, sufficient to enable him to operate a viable farming business on it, after the death of his parents. Relying on that promise, the son spent the best part of his working life on the farm, working at very low wages and accommodated in a farm cottage. After a deterioration in the relationship between the father and son, it proved no longer possible for the two to work together, and the son therefore moved out, and the father cut him out of his will.
The son claimed an interest in the farm as...
McLean & ors v McLean [2023] WTLR 267
Wills & Trusts Law Reports | Spring 2023 #190The claimants were all siblings and the biological children of Reginald McLean (Reginald), by his first marriage. The defendant was the biological child of Reginald and his second wife, Maureen (the deceased).
By mirror wills executed on 23 June 2017, Reginald and the deceased both left their estates to each other as survivors, and the residuary estate of the surviving spouse to the claimants and the defendant in equal shares (the 2017 wills). Following Reginald’s death, the deceased executed a new will on 16 August 2019 (the 2019 will) revoking her 2017 will and leaving her entir...
Morley v Morley & anr [2023] WTLR 299
Wills & Trusts Law Reports | Spring 2023 #190In 2007, the claimant gave her father (Ray) a sum of £150,000. The payment was a contribution towards a house (the property) that Ray intended to purchase with his wife, the first defendant.
The claimant alleged an agreement by which, in exchange for the payment of £150,000, Ray would leave his half-share of the property to the claimant and her brother.
The purchase of the property was completed using a TP1 transfer form. The form was signed by the third-party transferor and the box was ticked providing for the transferees, Ray and the first defendant, to hold the property ...