F v R [2023] WTLR 137
Spring 2023 #190R had a lifelong significant disability and lacked capacity. His estate at the time of the application comprised income from state benefits. The total benefit income was £60,293.48 of which £52,381.60 was means-tested. R’s mother had a cousin, T, who passed away leaving their residuary estate to R absolutely. The bequest was in the region of £400,000-£600,000 which would have reduced R’s means-tested benefit entitlement to nil.
Proceedings were brought by F for approval of a deed of settlement which would result in the sum instead being left on a disabled person’s trust for the be...
Grand View Private Trust Co Ltd & ors v Wong & anr [2023] WTLR 149
Spring 2023 #190The Global Resource Trust No.1 (the GRT) was created by a declaration of trust dated 10 May 2001. It was accepted that the true economic settlors were two brothers, YC Wang and YT Wang (the founders), who had built a group of companies from the 1950s into one of the largest business conglomerates in Taiwan (FPG Group). They had died in 2008 and 2014 respectively.
Shortly after the GRT was established, Grid Investors Corp, an investment holding company ultimately owned by the founders which held shares in FPG companies, was transferred to the GRT trustee. The value of those shares ...
Hopes & anr v Burton & ors [2023] WTLR 187
Spring 2023 #190The claimant trustees sought to set aside two deeds of appointment dated 31 May 2013 and 22 July 2014 on the grounds of operative mistake, excess of powers or lack of proper consideration.
The trust was settled in 1992 when taking out a policy of life insurance, and provided that subject to and in default of any exercise of the trustees’ powers of appointment, the trust fund and its income was held absolutely for the ‘Immediate Beneficiaries’ as defined in the deed. The settlor died in 2004 but the trustees did not become aware of the policy until late 2012. The trustees discussed...
Hudson v Hathway [2023] WTLR 207
Spring 2023 #190After Jayne Hathaway (JH) and Lee Hudson (LH) started a relationship in 1990, JH moved into LH’s home and became a joint owner. They had two sons together but did not marry. After selling their home, they bought another in joint names. In 2007 they sold that home and, with a mortgage, bought Picnic House in joint names. The mortgage payments were made from a joint bank account, into which the salaries of them both were paid. LH’s contributions towards the mortgage payments far exceeded those of JH.
In 2009, LH left JH and moved in with another woman, whom he later married. JH cont...
Kelly-Lambo v Lambo [2023] WTLR 255
Spring 2023 #190The claimant and the defendant both claimed to be the surviving spouse of the deceased, who died intestate, and each sought letters of administration of his estate. The claimant denied the defendant had ever married the deceased, and the defendant relied upon a purported certified copy of a Nigerian marriage certificate from 1962, and her own recollection of the ceremony, as evidence of the marriage. The defendant admitted the claimant had married the deceased in Nigeria in 1993, but asserted that they had divorced in 2000 and relied upon a purported order of the Chief Registrar of the L...
McLean & ors v McLean [2023] WTLR 267
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
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 ...
SwissIndependent Trustees SA v Sofer & ors [2023] WTLR 329
Spring 2023 #190The claimant, a Swiss corporation, was the sole trustee of three discretionary trusts named as the Gabri, Puyol & Xavi trusts (the trusts) which had been created via a British Virgin Islands (BVI) company by Hyman Sofer (the settlor) in 2006. The trusts, though expressed to be governed by English law, were set up in Australia and a holding vehicle called the Jordi Unit Trust was used to channel the investments. Neither the settlor nor his children or remoter issue originally figured as settlor and beneficiaries, though they were later added to the classes of ‘Specified Beneficiaries’...
Velutini Perez v Equiom Trust Corporation (UK) Ltd & anr [2023] WTLR 349
Spring 2023 #190Ms Velutini, the claimant, was a 98-year-old woman with very considerable personal wealth, and without any spouse, children or immediate family. This case related to assets in which she was interested and which had been held within trust structures since about 2011, which were said to have a value of between US$30m and US$50m (the assets).
In April 2021, the BCV Foundations Trust (the BCVFT) was formally established in order to replace various trusts formerly in effect. The BCVFT was a revocable English law settlement. In November 2021, Ms Velutini revoked the BCVFT (the revocatio...