Wills & Trusts Law Reports | Summer 2024 #195Hannah Goodman died on 14 July 2020. She was survived by her late husband, Adrian, who himself died on 11 June 2022. The claimant was the Withers Trust Corporation, which was the executor appointed by Adrian’s last will, dated 2 November 2020.
The claimant sought an order pursuant to s2 of the Forfeiture Act 1982 that the application of the forfeiture rule to Adrian’s interest in Hannah’s estate and to his interest in jointly owned assets be modified, so as to give Adrian full relief from forfeiture.
In October 2017, Hannah was diagnosed with lung cancer. ...
Alexandra Herbert reviews the case of The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd [2018] ‘The court has a wide discretion when deciding whether to grant forfeiture. One of the considerations taken into account when considering an application is the possibility of the landlord receiving a disproportionate windfall if the agreement was to …
Continue reading "Relief from forfeiture: Application to licences"
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Charlotte Ross explores a case concerning forfeiture of a head lease where the court refused to grant relief ‘There might be some breaches that would be so serious and irremediable as to justify the refusal of relief, but in most cases relief will be granted on the breach being remedied and the tenant paying the …
Continue reading "Relief From Forfeiture: Making a molehill out of a mountain"
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