Trustees of the P Panayi Accumulation & Maintenance Settlements v HMRC [2018] WTLR 1497
Winter 2018 #170In 1992 a Cypriot national, Panico Panayi, settled 40% of the shares of Cambos Enterprises Limited on the trusts of four Settlements for the benefit of his children and other family members. At the time the trusts were created, both the settlor and the trustees were resident in the United Kingdom. Subsequently, the settlor and his wife decided to return to Cyprus. On 19 August 2004 new trustees were appointed, all resident in Cyprus. As a result, a majority of the trustees ceased to be resident in the United Kingdom. When the trustees filed tax returns for the year 2004/2005, they failed...
Re Various Incapacitated Persons [2018] WTLR 1511
Winter 2018 #170The court was asked to consider the applications, made on behalf of 36 incapacitated persons, to appoint a trust corporation as their property and affairs deputy. There was currently no agreed system through which the court could know that any particular trust corporation was suitable to be appointed as deputy, nor a ‘panel’ of approved trust corporations.
The following questions arose:
A. Could a trust corporation lawfully act as a deputy? B. How could a trust corporation satisfy the court that it was appropriate for it to act as deputy? C. How should P’s assets and funds be...Vucicevic & anr v Aleksic & ors [2018] WTLR 1545
Winter 2018 #170The claim was a claim dated 5 September 2016 by the claimants as personal representatives of the late Mr Veliko Aleksic (the deceased), who died on 24 October 2014, for construction of parts of the deceased’s last will. He acquired a house in London in 1960 and a house in Cardiff in 1971.
He left a holographic will, which was undated save for bearing the year ‘2012’. It was signed but there was no attestation clause. It did not provide for the appointment of an executor. The deceased’s estate was valued at £2,750,753, including three houses, one in Montenegro, one in Cardiff, and ...
White v Philips [2018] WTLR 1559
Winter 2018 #170The deceased, Raymond Ian White, died on 22 July 2010, a year after he was diagnosed with terminal cancer. On 28 May 2010 he gave instructions for a will to a legal executive at a local law firm; this will was executed on 4 June 2010.
The claimant, Linda White, was the deceased’s widow. The defendant was one of his three children from a previous marriage, and was appointed executrix by the June 2010 will. Mrs White claimed that at the time the deceased gave the instructions and executed the will he lacked testamentary capacity, partly due to the strong opioid drugs he was taking. ...
Wilson v Lassman [2018] WTLR 1577
Winter 2018 #170The claimant sought an order pronouncing against the will of his late father Gerald Wilson (the ‘deceased’) dated 9 October 2010, and revoking the grant of probate obtained by the defendant, as executor and sole beneficiary. The claimant contended that the will was not validly executed in compliance with s9 of the Wills Act 1837 (the ‘1837 Act’).
The will had been written, in manuscript by the deceased on a will form and was purportedly attested by two witnesses, Mr Byrne and Mr McKinley. It contained a proper attestation clause. It was not disputed that the deceased had signed th...
AAZ v BBZ [2017] WTLR 765
Autumn 2017 #169AAZ (W) applied for financial orders ancillary to her divorce from BBZ (H). H was the sole director of the second respondent C Ltd, a Cypriot registered company and the trustee of a Bermudian Discretionary Trust (the trust). P Ltd, the third respondent, is a Panamian company which H said was within the trust. P Ltd was said to hold the bulk of the wealth in the case. None of the respondents took any part in the trial. H was in breach of several court orders, including one compelling his personal attendance for the duration of the trial.
H and W had been married since 1993 when the...
A & ors v D & ors [2017] EWHC 2222 (Ch)
Autumn 2017 #169A & B were the current trustees of a settlement known as the Children’s Trust dated 21 March 2000. They were, with C, the current trustees of a settlement known as the M Trust dated 7 December 2004 (together the ‘Settlements’). A was the settlor of the settlements. D, E & F were his three minor children. G was joined in as a person appointed to represent a class of unborn beneficiaries. The settlements were drafted to qualify as accumulation and maintenance trusts within the requirements of Section 71 of the Inheritance Tax Act 1984 (‘1984 Act’). Both made provision for a class o...
ADS v DSM & ors [2017] WTLR 819
Autumn 2017 #169JKS and her late husband had two sons, ADS and DSM. She brought proceedings against the former in August 2012 seeking relief in respect of (a) a transfer by her late husband to ADS of his parents’ matrimonial home (at which she and her late husband continued to live) and (b) a transfer by her late husband to ADS and his wife of a piece of land adjoining other property. Serious allegations were made by JKS, including allegations of undue influence by ADS. On the death of JKS’s husband a significant sum of inheritance tax was due in respect of the reservation of benefit in the matrimonial ...
Badenach & anr v Calvert [2017] WTLR 873
Autumn 2017 #169The first appellant was a legal practitioner and a partner of the second appellant, a law firm. The solicitor received instructions from Jeffrey Doddridge (who was 77 years old at the time) to prepare his will, by which the entirety of his estate was to pass to the respondent, Roger Calvert, whom Mr Doddridge treated as his son. Mr Doddridge made no provision for his daughter by his first marriage. She brought a claim under the Testator’s Family Maintenance Act 1912 (Tas) (the TFM Act), and was successful in obtaining a court order that provision be made out of the clients estate. The co...
Ball & ors v Ball & ors [2017] WTLR 891
Autumn 2017 #169The Deceased was married to James Ball. They had had eleven children, including the three claimants and eight of the nine defendants. In or around 1991, the family split, when the three claimants reported their father to the police for sexually abusing them when they were younger. The Deceased felt that the complaints were exaggerated, and was annoyed that they had been made public. As a result, on 27 May 1992 the Deceased made a will excluding those three claimants from benefit, dividing her estate between her eight remaining children and one of her grandsons. The will was professional ...