Rahman v Hassan & ors [2024] WTLR 1069
Autumn 2024 #196The claimant was a distant relative of the late Mr Al-Hasib Al Mahmood (the deceased) and had become increasingly close with the deceased in the period since the claimant had moved to England. The claimant, and the claimant’s wife, had provided a great deal of care and assistance to the deceased and the deceased’s wife. Eventually, the claimant had moved in with the deceased and his wife.
The claimant alleged that on two separate occasions, five days apart from one another, the deceased performed acts amounting to donationes mortis causa, in favour of the claimant, regarding all h...
TA v The Public Guardian [2024] WTLR 1125
Autumn 2024 #196In January and April 2021, KA made lasting powers of attorney (LPAs) for property and affairs and health and welfare respectively, both appointing her daughter, the claimant, as her sole attorney. The certificate required under para 2(1)(e) of Sch 1 of the Mental Capacity Act 2005 was provided by X who was the claimant’s ex-mother-in-law and close family friend of KA. On investigation of the making of the LPAs, X stated that she had asked KA if she was happy with the LPAs and KA had not expressed any wishes as to who she wanted to be her attorneys or how they should act. Investigations b...
Williams v Williams & ors [2024] WTLR 1137
Autumn 2024 #196In 1986, a farm known as Cefn Coed was purchased by Mr and Mrs Williams and one of their sons, the appellant. There was no express declaration of trust. Mr and Mrs Williams and the appellant were in a partnership and the partnership paid the mortgage on Cefn Coed. The wills of Mr and Mrs Williams dealt with Cefn Coed as though it was held on a tenancy in common in equal shares and Mr Williams was found to have served a notice of severance of any joint tenancy before his death. Mrs Williams and then Mr Williams passed away. It was determined that Cefn Coed was not a partnership asset but,...
BH v JH [2024] WTLR 391
Summer 2024 #195The applicant was the deputy and brother of P, who was represented by the Official Solicitor. P had a lifelong learning disability and the presumption of capacity was displaced. The application was for the variation of a statutory will made in 2008 on behalf of P. There was no dispute as to the terms of the proposed variation or that it was in the best interests of P.
The 2008 statutory will provided for the creation of a discretionary trust for a period of two years less one day, of £1m plus P’s home (worth £600,000) and chattels, in favour of four categories of beneficiaries inc...
BH v JH (costs) [2024] WTLR 403
Summer 2024 #195A deputy had made an application to vary a statutory will and disputed that carers and unidentified charities needed to be served and notified of the same. The Official Solicitor made an application to resolve the dispute on service and the court determined, as argued by the Official Solicitor, that the rules required service of the variation application on carers and unidentified charities but that service on the carers could be dispensed with. The Official Solicitor made an application for the costs of the service issue.
Held: (1) Each case must be considered on its own merits or ...Benjamin v Benjamin & anr [2024] WTLR 411
Summer 2024 #195The claimant was the child of the first defendant (his father) and the second defendant (his mother). On 5 March 1999, the defendants settled shares in the family company (BPL) on themselves as trustees of a discretionary trust for the benefit of the claimant and his brother and their issue.
The claimant’s case was that the defendants had assured him that half of the family business would eventually pass to him, but that he suspected that something had happened which was inconsistent with those assurances. In March 2021, the claimant requested from BPL’s accountants a copy of its ...
Brealey v Shepherd & Co Solicitors [2024] WTLR 427
Summer 2024 #195A testator appointed as executors her brother, Mr Hayward, and the partners of the defendant, a firm of solicitors. At the time of the testator’s death Mr Shepherd and another solicitor, Mr Smyth, were the only partners in the defendant. Mr Hayward and Mr Shepherd took probate. The will did not contain a charging clause.
The claimant was a residuary beneficiary and the occupant of the testator’s home. The claimant refused to move out and an issue also arose over a loan made by the testator to the claimant. To progress these matters and the administration of the estate, the executo...
Byers & ors v Saudi National Bank [2024] WTLR 443
Summer 2024 #195The third claimant (SICL) was a company registered in the Cayman Islands. By transactions which took place between 2002 and 2008 Mr Al-Sanea came to hold shares in five Saudi Arabian companies (the disputed securities) under trusts governed by Cayman Islands law for the benefit of SICL. Cayman and English trust law were the same so far as was relevant to this appeal.
The Grand Court of the Cayman Islands made a winding-up order against SICL on 18 September 2009 pursuant to a petition presented on 30 July 2009. The first and second claimants were appointed as SICL’s joint liquidato...