James & anr v Louisewilliams & ors [2015] EWHC 1166 (Ch)
December 2015 #155Thomas Edward Weetman (the deceased) died on 3 November 2008. His last will was executed on 19 September 2008 (the will). The principal assets in his estate (the estate) were shares in his company Weetman (Haulage & Storage) Ltd (the company) which he had successfully built up during his lifetime, and shares in a property known as Pasturefields Enterprise Park (the property) which the deceased owned but which was occupied, in whole or in part, by the company. The estate was of considerable value but illiquid. The will provided that fifty percent of the deceased’s shares in the ...
JSC Mezhdunarodniy Promyshlenniy Bank & Anor v Pugachev & Ors [2015] EWCA Civ 906
December 2015 #155In 1992 Mr Pugachev founded the first claimant bank (Mezhprom). In November 2010 the Moscow Arbitrazh Court declared Mezhprom to be insolvent, opened liquidation proceedings and appointed the second claimant (the DIA) as liquidator. On 25 January 2011 the Russian authorities began a criminal investigation with regard to the insolvency of Mezhprom and three days later Mr Pugachev fled Russia. On 2 December 2013 the claimants began proceedings against Mr Pugachev in the Moscow Arbitrazh Court.
On 11 July 2014 Henderson J granted a worldwide freezing order without notice in aid of th...
Re the Onorati Settlement [2013] JRC 182
December 2015 #155This was an application by two beneficiaries of the Onorati Settlement, a Jersey discretionary trust (the trust), to set aside a deed of appointment distributing the trust fund to them. The application was made under the so-called principle in Hastings-Bass on the basis that the trustee had failed to take into account considerations which they ought to have taken into account when exercising their discretion, namely the UK tax consequences of making the appointment. Their application was on the basis that the Respondent (the trustee) had failed to take adequate tax advice.
The tru...
Re Paw [2015] EWCOP 57
December 2015 #155This was the application by ARW for an order appointing himself and two others, SJ and BQ, jointly to be deputies for property and financial affairs of his wife PAW who was unable to make decisions relating to her property. SJ and BQ were relatives of PAW who were close to her. ARW’s health had deteriorated since the application had been made and he was suffering from dementia.
The application was opposed by IW, one of ARW and PAW’s sons. IW objected to ARW being a deputy on the basis that he could not remember continuity of facts. IW objected to SJ on the basis she wa...
Preedy & anr v Dunne & ors [2015] EWHC 2713 (Ch)
December 2015 #155This claim concerned a property. The freehold had belonged legally and beneficially to J who had run a business of a pub and restaurant from the property in partnership with her husband B. J died in 1997. On her death the property passed by her will to her executors and trustees, essentially for the benefit of B for his life and, subject to B’s interest, for J’s three children in equal shares (the will trust).
The claimants were the current trustees of the will trust and hence the legal owners of the freehold of the property. The first defendant was J’s son (one of the beneficiari...
Shenken v Phoenix [2015] CSOH 96
December 2015 #155This case concerned whether a Florida attorney who had not obtained a grant in the UK had capacity to receive the proceeds of certain life insurance policies. The proceeds of two life assurance policies were held in trusts established by Mr Pinder and his then wife (Mr Pinder’s trust and Mrs Pinder’s trust respectively). Both trusters are now deceased and the sums assured under the policies became payable on the second death on 17 November 2010. On Mr Pinder’s death he was the sole remaining trustee of his trust and on his death the trust became a lapsed trust. On 2 March 2011 letters of...
Wilby v Rigby [2015] EWHC 2394 (Ch)
December 2015 #155This was an application to remove Mr Ian Rigby (Ian) as administrator of the estate of Sybil Rigby. Sybil Rigby died on 30 November 2011, leaving two adult children, Ian Rigby and Janice Wilby (Janice). By her will dated 8 February 2001 Sybil Rigby appointed Janice and Ian to be her executors and trustees and gave the residue of the estate to Ian and Janice in equal shares. The value of the net estate was £271,134. The estate contained Sybil Rigby’s home (the property), which represented more than half the value in the estate
Janice initially agreed that Ian could administer...
The Law Society v Elsdon & ors [2015] EWHC 1326 (Ch)
November 2015 #154The first defendant practised as a solicitor under his own name until 2013. In that year he began to practise through the third defendant company, which was authorised as a ‘licensed body’ for the purposes of the Legal Services Act 2007. The directors of the third defendant were the first and second defendants.
On 8 December 2014 the Solicitors Regulation Authority decided to intervene in the practice of the first and third defendants and sent notices to the defendants advising them of this.
The decision of the adjudication panel recorded that it decided to inte...
Mills & anr v Mills & anr [2015] EWHC 1522 (CH)
November 2015 #154The claimants brought a part 8 claim for the determination of three issues in relation to a family trust of land on which was operated a family-run plant nursery business. The nursery business was operated through a limited company which was separately owned from the trust and the company paid no rent to the trust for occupation of the land. All parties to the claim were adult members of the family and comprised all of the existing beneficiaries of the trust. The fourth defendant represented the interests of potential unborn beneficiaries. The relief sought by the claimants was unopposed...
Re OL [2015] EWCOP 41
November 2015 #154OL was born on 15 November 1937. Her husband died in 1993. She had three children: an elder son (ES) who is 53, a daughter (DA) aged 51 and a younger son (YS) aged 48.
OL used to live in a maisonette in Stockwell, London. In 2010, DA moved in with OL ostensibly to look after her. In 2011, OL was diagnosed with vascular dementia and on 17 July 2013 she suffered a stroke. According to ES, OL scored 8 out of 30 on a mini mental state examination on 21 August 2013, suggesting that she had severe cognitive impairment at that time.
On 19 October 2013, OL executed a lasting power ...