Mussell & anr v Patience & anr [2019] WTLR 973
Autumn 2019 #176The Claimants brought a claim as executors of the late Louis Patience, who died in April 1997. They produced accounts setting out the proposed distribution of the deceased’s estate. These accounts were opposed by the Defendants (in their capacity as beneficiaries of the estate).
At trial, HHJ Matthews found that the Defendants’ objections were misconceived, though the Claimants did fail on part of their claim. At the subsequent costs hearing, it was held that the Defendants should pay the Claimants’ costs, though as a result of the Claimants failing on one of the issues, the costs...
Naylor & anr v Barlow & ors [2019] WTLR 981
Autumn 2019 #176The claimants were practising solicitors and trustees of a trust created by the will of John Hine (T) who died on 4 January 1992. T had had four children. Two, Beryl Clowes and John Hine, were the third and fourth defendants. One, Philip Hines, pre-deceased T leaving two children, Judith Barlow and Janet Lomax, the first and second defendants. The fourth, Basil Hine, had survived T but died before the proceedings were issued leaving a widow, Barbara Hine, who was the fifth defendant.
T had been the sole freehold owner of the family farm, Brown Edge Farm. Clause 3 of his will devis...
PBM v TGT & anr [2019] WTLR 995
Autumn 2019 #176PBM sought to marry his fiancée and take charge of his property and affairs. TGT, his property and affairs deputy, obtained a caveat against the marriage under the Marriage Act 1949 and sought directions from the Court. It was eventually agreed that PBM had capacity to marry, to make a will and to enter into a prenuptial agreement but that he lacked capacity to manage his property and affairs. However, it was not agreed whether PBM should be told of the extent of his assets, or whether he had capacity to decide that question.
An expert psychiatrist gave evidence that PBM ...
PQ & anr v RS & ors [2019] WTLR 1015
Autumn 2019 #176This was a Public Trustee v Cooper application by the claimants as trustees of a discretionary trust executed on 11 March 1968. The application was for a declaration that they had power to make a proposed appointment, and the court’s blessing of that appointment. The trust assets had an estimated value of £80 million. Under the terms of the settlement, the beneficiaries included the children and remoter issue of the settlor, including adopted children and issue. The settlement was silent on the position of illegitimate children. The trustees had wide powers to apply the capital ...
T v V & ors [2019] WTLR 1029
Autumn 2019 #176The Claimant had been in a relationship with the deceased for about fifteen years up to his death on 26 June 2016. She brought a claim against the estate for reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act 1975 (‘1975 Act’) in October 2017. The Claimant’s case was that there were significant periods of cohabitation during which the deceased supported her financially and that she was therefore a dependent within the meaning of s1(1)(e) of the 1975 Act. This was disputed by the Defendants and the matter was listed fo...
Whittaker v Hancock & ors [2019] WTLR 1043
Autumn 2019 #176By his Will dated 23 September 2003 (”Will”) John Sidney Parker (”Testator”) appointed as his executrices the First and Second Defendants. The sole beneficiary of his estate was his second wife, the Second Defendant. She had been obliged to leave the family home to be cared for by her daughter, the Claimant. On 29 October 2013 the Second Defendant executed a Lasting Power of Attorney (”LPA”) in favour of the Claimant and this was registered on 16 January 2014. The Second Defendant, who had been diagnosed with triple dementia, subsequently moved into full time residential care. The Testat...
In the Matter of the X Trusts [2019] WTLR 1055
Autumn 2019 #176The corporate trustees of a Bermuda discretionary trust made proposals to the beneficiaries to restructure the trust administration. Some beneficiaries objected to the proposals and requested that particular directors of the trustee companies, being closely allied with other beneficiaries, resign. Other beneficiaries broadly supported the proposals, and said the Court could not order such resignations. The trustees sought directions from the Court, including a direction as to whether they should remain as trustees, and certain directors offered to retire if the Court signified that they ...