Banfield v Campbell [2018] WTLR 781
Autumn 2018 #173The claimant was a cohabitant with the late Sarah Elizabeth Campbell (‘deceased’) at 3 Westville Road, Thames Ditton (‘property’). The deceased had previously been married to Neil Robert Campbell, with whom she had a son, the defendant. Mr Campbell died on 27 October 1992 and, a year or two later, a romantic relationship developed between the claimant and the deceased. In around 2001, the claimant moved into the property to live with the deceased though he continued to stay with his elderly mother for several days and nights each week until she died in 2010. The claimant’s relationship w...
Daniel & anr v Tee & ors [2018] WTLR 799
Autumn 2018 #173The defendants were professional solicitor trustees of a trust established by the will of the claimants’ father. The claimants were the beneficiaries of the will trust, who were minors when their father died. The deceased’s will provided that the claimants’ shares would be held on trust for them until they turned 25, so the defendants invested the trust fund with the assistance of professional investment advice given by Taylor Young Investment Management Ltd (Taylor Young).
The claimants subsequently sought compensation from the trustees in the sum of £1,476,076 on the basis that ...
De Muller & anr v Morgan [2018] WTLR 867
Autumn 2018 #173The deceased died in July 2014, still married to the 1st claimant (DM), though they had been separated for many years. The 2nd claimant (A) was one of his daughters from the marriage. The claimants were the administrators of deceased’s estate. The deceased had lived with the defendant (HM) between 1991 and 2003/2005, and had two children with her. She continued to live in a leasehold property (38 WC) owned by the deceased until his death. The deceased’s wills were invalid but indicated an intention for the benefit of 38 WC and the associated mews house to pass to HM on trust for their tw...
Goss-Custard & anr v Templeman [2018] WTLR 893
Autumn 2018 #173The late Lord Templeman (‘the deceased’) died on 4 June 2014 aged 94, leaving a will, dated 22 August 2008 (‘the 2008 Will’). The claimants commenced proceedings seeking an order pronouncing for the validity of the 2008 Will in solemn form. The 1st and 2nd defendants defended the claim on the basis that the deceased lacked testamentary capacity both when he gave his will instructions on 11 August 2008 and when the 2008 Will was executed. They counterclaimed for an order pronouncing for the validity of an earlier will, dated 25 April 2001 (‘the 2001 Will’) and a codicil to it, dated 3 Dec...
Graham (Deceased) v HMRC [2018] WTLR 911
Autumn 2018 #173The deceased owned a property, Carnwethers, on the Isles of Scilly, from which she ran self-catering holiday accommodation business, as well as occasional bed-and-breakfast accommodation. There were four self-catering apartments which were well-furnished and provided with numerous additional amenities, and particularly assiduous concierge assistance from the owners. On her death HMRC issued a notice of determination refusing business property relief on any of the value of Carnwethers on the basis that the business consisted mainly of the holding of an investment.
The deceased’s pe...
Kubicka [2018] WTLR 933
Autumn 2018 #173Each of K, a Polish national resident in Germany, and her husband had a 50% share of immovable property in Germany. K wished to include in her will a legacy ‘by vindication’ concerning the German property in favour of her husband. A legacy by vindication passed an asset, including a share in a right of ownership of immovable property, to a specified person on the opening of the succession. This was to be distinguished from a legacy ‘by damnation’, under which the heir must transfer the right in property to the legatee. K wished to leave the rest of the assets in her estate in accordance ...
Mahnkopf v Mahnkopf [2018] WTLR 947
Autumn 2018 #173Mr Mahnkopf was married to Mrs Mahnkopf when he died on 29 August 2015. Both spouses, who had German nationality, were habitually resident in Berlin. The deceased made no disposition of property upon death and his sole heirs were his wife and only son. Mr and Mrs Mahnkopf were subject to the statutory property regime of community of accrued gains and had not entered into a marriage contract. In addition to assets situated in Germany, the estate included a half share in the co-ownership of a property in Sweden. The Amtsgericht Schonenberg, which was the Probate Court with jurisdiction in ...
PCB v JMA & ors [2018] WTLR 961
Autumn 2018 #173
JMA, who was aged 72 years, suffered from early onset dementia and lived in a care home which she paid for privately. She no longer had the capacity to take decisions about making gifts and the medical evidence suggested that she would only live for a further 3 to 5 years. The applicant was a son by her first marriage; her daughter having died in January 2009. JMA inherited from her last husband, who died in January 2010, his entire estate which was derived from the sale of businesses which had realised approximately £11m. The applicant was appointed sole attorney under a L...
Smith-Tyrrell & anr v Bowden [2018] WTLR 987
Autumn 2018 #173The claimants occupied land at Falmouth in Cornwall (the property) initially pursuant to a written agreement for the grant of a 15-year lease from 1 January 1993 at a rent of £400 per annum. The agreement was never signed by the defendant’s parents, who were then the freehold owners, with the result that it did not qualify as a valid agreement for the grant of a tenancy of 15 years, due to failure to comply with the requirements of s2 of the Law of Property (Miscellaneous Provisions) Act 1989. After the expiry of the 15-year period, the claimants continued to pay, and the defendant to ac...
Tang v Tang & ors [2018] WTLR 1019
Autumn 2018 #173T died intestate. D1, one of the administrators of T’s estate, purchased a property using estate funds to cover around 40% of the purchase price, without informing P, one of the beneficiaries of the estate. Soon after completion of the purchase, D1 repaid the money to the estate, with interest at a rate that he selected, labelling the transaction as a loan. Later, when the property’s value had increased, P became aware of D1’s actions and brought proceedings to recover the profit made by him.
Held
D1 was a fiduciary who had made a profit by the application of his principal’...