Sahota v Sohal & ors [2023] WTLR 687
Summer 2023 #191Mr Sahota issued a Part 8 claim to enforce a charging order over Mr Rajan Sohal’s interest in a property known as 31 Windsor Road. There were three deeds in respect of the subject properties, dated 5 October 2012, 7 August 2015 and 17 May 2019, purporting to grant Pooja Sohal, Mr Sohal’s wife, and Veena Sohal, Mr Sohal’s mother, interests in 31 Windsor Road. These deeds, if valid and effective, would have reduced the equity in 31 Windsor Road to the extent that there was unlikely to be any equity to satisfy Mr Sahota’s charging order. Mr Sahota challenged the three deeds on the basis tha...
Shepherd & Co Solicitors v Brealey [2023] WTLR 755
Summer 2023 #191The testatrix by her will appointed her brother, Mr Robin Shepherd (a solicitor), ‘and the partners at the time of my death in the firm of Shepherd and Co [being Mr Shepherd’s firm]’ as her executors. The will made no provision for remuneration of executors. Mr Shepherd’s firm (the appellant) was retained by the executors and the retainer was signed by the brother alone. Mr Shepherd did work in his capacity as executor of the estate of the deceased and the appellant rendered a bill to the estate. The testatrix’s son (the respondent) brought third-party assessment proceedings pursuant to ...
Antonio v Williams & anr [2023] WTLR 1
Spring 2023 #190The claimant was born on 2 January 2010. His mother did not look after him and social services arranged for him to be taken from hospital to the home of his father’s sister (the deceased) and grandmother, the second defendant, at 42 Chestnut Rise, Woolwich. The claimant’s father was unable to contribute much to his care as he was imprisoned soon after his birth and burdened by significant debt. Thus, it was the deceased who contributed most to the maintenance of the claimant, who continued to live with her there until she died on 11 February 2016. By her will, made a day before her death...
Chimelu v Egemonye & ors (1) [2023] WTLR 17
Spring 2023 #190The claimant had been married to the deceased for 11 years. The deceased took her own life on 11 April 2017. The claimant and the first and second defendants, the deceased’s siblings, were appointed executors of the deceased’s 2015 will. Probate was granted in April 2018. The estate was valued at around £130,000.
On 27 August 2019, the claimant was removed as an executor of the 2015 will by the court. The claimant brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of the deceased on 21 November 2019, which was opposed by the fir...
Chimelu v Egemonye & ors (2) [2022] WTLR 23
Spring 2023 #190The claimant had been married to the deceased for 11 years. The deceased took her own life on 11 April 2017. The claimant and the first and second defendants, the deceased’s siblings, were appointed executors of the deceased’s 2015 will. Probate was granted in April 2018.
On 27 August 2019, the claimant was removed as an executor of the 2015 will by the court. The claimant brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of the deceased on 21 November 2019, which was opposed by the first and second defendants. The third and fo...
Chimelu v Egemonye & ors (3) [2023] WTLR 35
Spring 2023 #190The claimant had been married to the deceased for 11 years. The deceased took her own life on 11 April 2017. The claimant and the first and second defendants, the deceased’s siblings, were appointed executors of the deceased’s 2015 will. Probate was granted in April 2018. The estate was valued at around £130,000.
On 27 August 2019, the claimant was removed as an executor of the 2015 will by the court. The claimant brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of the deceased on 21 November 2019, which was opposed by the fir...
Colbourne v Cooke & ors [2023] WTLR 43
Spring 2023 #190On 13 May 2022 the applicant made an application by form N244 seeking permission to issue a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) out of time, pursuant to s4 of that Act. A grant of probate had been made on 20 September 2021, and so the period of six months from grant expired on 20 March 2022. The evidence in support of the application exhibited a draft Part 8 claim form and witness statement, unissued.
The explanation for the delay was a technological malfunction in the applicant’s solicitors’ case management system which result...
Equity Trust (Jersey) Ltd v Halabi [2022] WTLR 55
Spring 2023 #190The Privy Council determined appeals from the Jersey Court of Appeal (the Jersey appeal) and from the Guernsey Court of Appeal (the Guernsey appeal) concerning the rights of indemnity of successive trustees against the assets of trusts governed by Jersey law, whose assets were insufficient to meet in full the liabilities incurred by their trustees.
The Jersey appealThe original sole trustee of two Jersey trusts settled by the late Madam Intisar Nouri was Equity Trust (Jersey) Ltd (Equity Trust). Equity Trust was later replaced as sole trustee by Volaw Corporate Trustee Ltd (Volaw...