Gavriel & anr v Davis [2022] WTLR 943
Wills & Trusts Law Reports | Autumn 2022 #188The claimants were the only beneficiaries of the estate of the deceased, who died in May 2016. The defendant executor in December 2016 obtained probate of the deceased’s will, which did not authorise remuneration of executors or trustees. Upon completion of the administration, the defendant sought to impose a charge of £27,300 for her time in administering the estate.
The claimants brought proceedings under CPR 64 seeking directions as to whether the defendant was entitled to remuneration. In her evidence in response, the defendant asserted an oral agreement with the clai...
Davis v Jackson [2017] EWHC 698 (Ch)
Wills & Trusts Law Reports | Summer 2017 #168The respondents (Rs) are a married couple but at all times after 2001 were estranged and living apart. The wife (R2) purchased a property (the property) in 2003 using monies from another property owned by her and the remainder by interest-only mortgage. The title to the property was in R2’s sole name and she moved in with her children. The husband (R1) never lived in the property.
Shortly after purchase, Rs signed a declaration of trust declaring inter alia that R2 held the property on trust for herself and R1 in equal shares, that she would register R1’s interest and ...
Richards v Worcestershire County Council & anr [2016] EWHC 1954 (Ch)
Wills & Trusts Law Reports | January/February 2017 #166The claimant sustained head injuries in a traffic accident in 1984. By 2004, he had been detained under the Mental Health Act 1983 (the 1983 Act), and while in hospital, his responsible medical officer under s34 of the 1983 Act completed a supervision application under s25A in respect of him. This explained that after-care under supervision was necessary for the claimant. It provided for the claimant’s attendance at an outpatient clinic, and cooperation with a care plan, but did not include the details of after-care services.
The ...
Butler & anr v Butler & anr [2016] EWHC 1793 (Ch)
Wills & Trusts Law Reports | November 2016 #164The parties were siblings who jointly owned 502 items of 17th century Chinese porcelain gifted to them by their father between 1987 and 1993 (the Butler Family Collection (the BFC)).
In 2012 the defendants and their father formed a partnership to own and merchandise another 208 such items (formerly owned by their father).
After their father’s death disagreement arose as to what should become of the BFC. The claimants sought to have it distributed. The defendants wished to keep it in tact and made available for scholarly study and exhibition and to exploit certain items comm...
Frame v Rai [2012] BCSC 1876
Wills & Trusts Law Reports | November 2015 #154The case concerned a dispute over ownership of a property. The property was registered in the name of the deceased, his sister (the plaintiff) and his wife (the defendant) as tenants in common. The plaintiff claimed that she was an owner of a one-half interest in the property based on an agreement entered into between her, the deceased and other family members at the time of purchase of the property in 1994. The defendant asserted that she and the deceased’s estate were solely the beneficial owners of the property, claiming that the reason the plaintiff was included as an owner on ...
Patel v Mirza [2014] EWCA Civ 1047
Wills & Trusts Law Reports | November 2014 #144The appellant was a property dealer and the respondent was a foreign exchange broker, who had a personal spread-betting account with IG Index. In August 2009, a third party informed the appellant of a deal offered by the respondent that involved a bet on the movement in the value of shares in Royal Bank of Scotland (RBS). The defendant claimed to know people who sat in on meetings between the heads of RBS and officials from the government, and it was expected the Chancellor would make a public statement which would have an effect on the share price of RBS. Following an initial telephone ...
Hart & anr v Burbidge & anr
Wills & Trusts Law Reports | October 2014 #143In 2006 the deceased made a will directing a sale of two properties, No 7 and No 43 (the properties), with the proceeds to be shared between her sons (the Harts). On the same date the deceased gave another property, Unit 15, to her daughter and son-in-law, Mr and Mrs Burbidge, and also released them from a debt of £44,000. In 2007 the deceased made a further will leaving No 7 to the Harts and No 43 to her siblings and any grandchildren surviving her with the residue to be divided equally amongst her children.
Having decided to live with the Burbidges, the deceased transferred her...
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 ...