Joshi & ors v Mahida [2013] EWHC 486 (Ch)

June 2013 #130

Kiritkumar Mahendersinh Mahida (testator) and his wife, the defendant, owned (inter alia) freehold property at 148-152 Leytonstone Road London as beneficial joint tenants. They were, however, separated when the testator made his last will (will) on 17 July 2002. After appointing the first and second claimants his executors and trustees, the testator gave certain property to his brother, the third claimant, and his three sons, the fourth to sixth claimants. In particular, by clause 3(c) he gave them an interest in the property at Leytonstone Road, but unfortunately expressed the specific ...

NT v FS & ors [2013] EWHC 684 (CP)

June 2013 #130

F is a 74-year-old retired rugby player with assets of £3m and was diagnosed with Alzheimer’s and dementia in 2006. The applicant (NT), who is F’s deputy, brought this application for a statutory will to be executed on behalf of F and for a statutory gift of £50,000 to be made to F’s 95-year-old mother (T). The respondents were the potential beneficiaries of such will. The statutory gift was uncontroversial, however the statutory will provisions were contested. Judge Behrens, in determining what terms would be in F’s best interests, had regard to previous authorit...

R v Hursthouse 2013 EWCA (Crim) 517

June 2013 #130

On 28 October 2009 Susan Hursthouse (the appellant) pleaded guilty to an offence of fraud contrary to s1 of the Fraud Act 2006. The offence involved the forgery of the will of Henry Swinscoe (the testator). The appellant was accused along with her mother Jean Oldknow, who had previously been married to the testator. The testator died on 1 July 2008. He left a professionally drawn will dated 13 May 2004 by which he left everything to his then wife, Netta, or, in the event of her predeceasing him, which she did, his estate to be divided equally between the appellant and his nephew, Paul Sp...

Re Wilson (dec’d) [2013] EWHC 499 (Ch)

June 2013 #130

The testatrix Iris Wilson (Iris) made a will dated 31 August 2010 and died on 6 October 2010. Her will appointed the first defendant Mr Phythian as the sole executor and left her personal effects and the residue of her estate to the second defendant Mrs Phythian and the property known as North Lodge in Yalding Kent in equal shares to Mr and Mrs Phythian.

Mrs Lynda Turner (the claimant) the niece of Iris challenged the will on three grounds:

Lack of proper execution. Lack of mental capacity. Lack of knowledge and approval of the contents of the will.

North Lodge was Iris&#...

Day v Harris & ors [2013] EWCA Civ 191

May 2013 #129

Sir Malcolm Arnold (Sir Malcolm) was married twice and had two children by his first wife, Robert Malcolm Arnold (Mr Arnold) and Katherine Louise Arnold (Miss Arnold). In June 1976, after separating from his second wife, Sir Malcolm moved to a flat in Dun Laoghaire and, in the following month, sent several boxes to Miss Arnold containing (inter alia) books, paintings, sculptures and the manuscripts of various of his compositions. At the same time he sent a postcard to Mr Arnold on which he had written ‘All the books, pictures, sculptures etc are for you and Katherine to share and k...

FHR European Ventures & ors v Mankarious & ors [2013] EWCA Civ 17

May 2013 #129

The claimants (Investor Group) appealed from the decision of Simon J ([2011] EWHC 2308 (Ch)) that the Investor Group was entitled to a personal, but not a proprietary, remedy against Cedar Capital Partners LLC (Cedar). There was no appeal from Simon J’s decision that Cedar was liable to account in equity to the Investor Group.

Monte Carlo Grand Hotel in Monaco was owned by Monte Carlo Hotel SAM, a Monegasque company. The company’s share capital was owned by Monte Carlo Grand Hotel Ltd, a BVI company. In September 2004, the BVI company was interested in selling the hotel, either by...

Re Frost (dec’d) [2013] EWHC 435 (Ch)

May 2013 #129

Richard Frost (the deceased) died on 4 March 2008 leaving a will dated 26 September 2007 (the will). The will bequeaths the deceased’s residuary estate on trust as to one third for each of his daughters, Linda Aylen (Linda) and Susan Frost (Susan), one sixth to his son Andrew Frost (Andrew) and one twelfth to each of Andrew’s two children. The deceased’s only asset of significant value was his property in Lewisham. He sold this shortly after making the will and realised net proceeds of £353,480. He had at that time been living with Linda for several months and continued...

Re M 12268561

May 2013 #129

M was 70, lived in London and was a successful lawyer and businessman. He suffered a heart attack and then a stroke in December 2012 while abroad on business. This led to M becoming mentally incapacitated although this was not likely to be permanent. N made an application to the court to be appointed as M’s deputy. N was M’s good friend, he lived abroad and was a successful businessman. He had worked with M for many years and had assisted M for some time with the management of his business and financial affairs. N was appointed to act for M under a general power of attorney e...

Schrader v Schrader [2013] EWHC 466 (Ch)

May 2013 #129

Jessica Schrader (the testatrix) died a widow aged 98. The testatrix’s two sons, the claimant (Nick) and the defendant (Bill), survived her.

By a will dated 1 October 1990 (the 1990 will), drafted by a firm of solicitors, the testatrix had made specific gifts of shares and savings bonds to her grandchildren and thereafter left her residue (on her husband having predeceased) to Nick and Bill in equal shares absolutely.

However, in or about May 2005, the testatrix suffered a fall and Nick moved into the testatrix’s property to act as her carer. On 12 April 2006, a further wil...