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’...
Thompson v Raggett & ors [2018] WTLR 1027
Autumn 2018 #173Wynford Hodge died on 4 February 2017 leaving a will under which he gave his residuary estate to the fourth and fifth defendants, who were tenants of one of the deceased’s properties. He made no provision for his partner, the Claimant, with whom he had lived as man and wife for 42 years. It was accepted that the Claimant was financially dependent upon the deceased immediately before his death.
In 2016 the deceased had purchased a cottage with a view to residing there with the Claimant. However, due to ill health, this plan never came to fruition. The deceased died leaving a net es...
Ubbi & anr v Ubbi [2018] WTLR 1039
Autumn 2018 #173M and S married in September 2000. They had met in 1987, purchased their first home together in 1988 and developed a business (WP Ltd) together. S had a child from a previous relationship, whom M had treated as his own daughter. M and S had a child (J) together in 1994; J suffered from hemiplegia, paralysis to one side of the body, and learning difficulties. In 2007, B started working with M and they started an affair. In 2010 M made his will, appointing S to be his executor and leaving his estate to her. At about the same time M and S bought another property, Poplar Court. In 2012 M and...