Tegwyn and Mary Davies purchased a dairy farm known as Henllan in West Wales in 1972. It comprised a farmhouse, an attached cottage, outbuildings, and 182 acres of land. It was farmed with a nearby farm also owned by them known as Caeremlyn which they had purchased in 1961 (together ‘the farm’). The respondent, Eirian was one of their three daughters. By 1989, she was the only child left at the farm. She had a passionate interest in pedigree milking cows which was the main business of the farm, and it was by this stage clear that she was the only possible candidate to take it over. In th...
Malcolm Mitchell (the deceased) died on 26 September 2011 in Gambia. By his final will dated 5 May 2006 he divided his estate between his three daughters equally, subject to minor pecuniary bequests. The will left no provision for his second wife, Haddy Kebbeh (the claimant). The claimant brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act). The defendants claimed that the deceased died domiciled in Gambia, and that the claimant therefore had no claim pursuant to s1(1) of the Act.
The deceased had moved to Gambia...
This case concerned whether a Florida attorney who had not obtained a grant in the UK had capacity to receive the proceeds of certain life insurance policies. The proceeds of two life assurance policies were held in trusts established by Mr Pinder and his then wife (Mr Pinder’s trust and Mrs Pinder’s trust respectively). Both trusters are now deceased and the sums assured under the policies became payable on the second death on 17 November 2010. On Mr Pinder’s death he was the sole remaining trustee of his trust and on his death the trust became a lapsed trust. On 2 March 2011 letters of...
Thomas Edward Weetman (the deceased) died on 3 November 2008. His last will was executed on 19 September 2008 (the will). The principal assets in his estate (the estate) were shares in his company Weetman (Haulage & Storage) Ltd (the company) which he had successfully built up during his lifetime, and shares in a property known as Pasturefields Enterprise Park (the property) which the deceased owned but which was occupied, in whole or in part, by the company. The estate was of considerable value but illiquid. The will provided that fifty percent of the deceased’s shares in the ...
Beatrice Maeve Beckett was born on 15 March 1939. She married the late Raymond Walter Beckett (the deceased) on 6 August 1958. They had two sons. They eventually separated, after a series of what Mrs Beckett described as the ‘lengthy adulterous relationships’ on the part of the deceased.
The deceased eventually began cohabiting with Evangeline Jemima Herd, and they were living together as man and wife at the time of his death on 27 May 1997. He left a will of 8 February 1996 under which the entirety of his estate passed to Ms Herd.
Mrs Beckett issued proceedings...
Lisa Jane Clay (the deceased) and the claimant lived together from about 2003. They had a child together named Joseph, who was six years old in April 2013. From January 2013, they lived at the property at 36 Lowlands Road, Lancashire (the property) which the claimant and the deceased held as joint tenants. The deceased made a will on 18 August 2008 under which the claimant was the sole residuary beneficiary. The net value of the estate was £79,098.87 of which £60,000 comprised the deceased’s interest in the property. The couple’s relationship was at all times entirely stable,...
This was an appeal from notices of determination by HMRC which held that dispositions in the will of Beryl Coulter (the deceased) did not fall within s23 of the Inheritance Tax Act 1984, and were therefore not exempt from inheritance tax. The deceased died on 9 October 2007 domiciled in Jersey. Her final will was dated 1 October 2004 and probate was granted in the probate division of the Royal Court of Jersey on 25 October 2007. The will made several legacies totalling £210,000 and the residue passed to her executors to be held on the terms of the Coulter Trust for the purpose of the pro...
Continue reading "Succession: Consider what is just"
Continue reading "Succession: Difficult ties"
Lucian Freud (the deceased) achieved international recognition as an outstanding painter and draughtsman, and he acquired considerable wealth over the course of his long and successful life. His final will was dated 10 May 2006 (the 2006 will), superseding his previous will of 25 June 2004 (the 2004 will). Both wills were professionally drafted. His residuary estate, after payment of legacies and inheritance tax, was estimated at around £42m.
The claim was brought by the claimants under CPR Part 8 in their capacity as executrices of the deceased’s final will. The first cl...