Gorbachev v Guriev [2023] WTLR 395
Summer 2023 #191The claimant made a third-party disclosure application under CPR 31.17 and s34 Senior Courts Act 1981 against Forsters LLP, English solicitors instructed on behalf of Cypriot trustees. Forsters LLP’s position was that the trustees were the only proper parties to the application under CPR 31.17, and that any order for disclosure should be made against them. Permission was granted by HHJ Pelling QC pursuant to CPR PD 6B(20) to serve the application for third-party disclosure on the trustees out of the jurisdiction, and for the application to be served by alternative means pursuant to CPR 6...
Guest & anr v Guest [2023] WTLR 431
Summer 2023 #191A father made repeated promises to his son that he would inherit an undefined part of a farm, sufficient to enable him to operate a viable farming business on it, after the death of his parents. Relying on that promise, the son spent the best part of his working life on the farm, working at very low wages and accommodated in a farm cottage. After a deterioration in the relationship between the father and son, it proved no longer possible for the two to work together, and the son therefore moved out, and the father cut him out of his will.
The son claimed an interest in the farm as...
Hall & anr v HMRC [2023] WTLR 529
Summer 2023 #191Mrs Raboni, a widow, owned a freehold house in which she resided. As her health worsened, a friend, Mr Boggia, helped her and began to spend nights at the property. On 2 October 2004, Mrs Raboni passed away. Her will provided that her five nieces and nephews were the beneficiaries of her estate and that Mr Boggia was permitted to reside in the property during his lifetime without charge. It was not disputed that Mr Boggia resided in the property after Mrs Raboni’s death. The residuary beneficiaries were advised that there were insufficient funds in the estate to pay IHT unless the proper...
Jennison v Jennison & anr [2023] WTLR 543
Summer 2023 #191The claimant was married to Graham Jennison (the deceased) who died domiciled in New South Wales on 11 July 2007. He left a will dated 16 August 2006 appointing the claimant as sole executrix. Probate was granted to the claimant on 15 May 2008 in New South Wales (NSW) (the grant).
The proceedings, in respect of alleged breaches of trust, were issued on 18 February 2019 by the claimant as personal representative of the deceased. The particulars of claim relied upon the grant. The defence pleaded that it was not admitted that the grant conferred jurisdiction to the claimant in respe...
Kaur v Singh & ors [2023] WTLR 569
Summer 2023 #191Mr Karnail Singh (the testator) died on 21 August 2021. The claimant was his wife. They had been married since 1955 and had seven children (one of whom was deceased). All of the children were adults. The claimant had played a full role in the marriage both as wife and working in the family business without receiving a stake in it or a salary. The claimant was financially dependent on the testator who met all family outgoings. The testator’s estate was estimated to be worth about £1.9m, the entirety of the family wealth having been built up during the marriage.
The claimant was 83 ...
Kekwick v Kekwick & anr [2023] WTLR 579
Summer 2023 #191The claimant’s mother settled a trust by way of a trust deed dated 29 April 1985. The trust was originally a discretionary trust with the claimant and his mother as trustees and a wide class of beneficiaries. The only asset of the trust was the family home in Surrey (the property). The trust was a discretionary trust during the claimant’s mother’s lifetime, with an absolute trust in favour of the claimant on her death. By a deed dated 30 June 2008, the first defendant (the claimant’s cousin) and the second defendant (a solicitor) were appointed as trustees.
The claimant’s mother d...
McElroy v McElroy [2023] WTLR 647
Summer 2023 #191On 18 February 2011, Ray McElroy passed away, survived by his wife of five months, Lynne, and his brother, Paul. Prior to his marriage to Lynne, Ray had made a will pursuant to which Paul was his sole beneficiary. After marrying Lynne, Ray did not execute a further will. On 24 August 2011, Lynne was granted letters of administration in respect of Ray’s estate, having sworn that Ray was domiciled in England and Wales and was intestate. Lynne proceeded to administer Ray’s estate and distribute the assets, including selling a property within the estate in part exchange for a new residence i...