Rahman v Hassan & ors [2024] WTLR 1069
Autumn 2024 #196The claimant was a distant relative of the late Mr Al-Hasib Al Mahmood (the deceased) and had become increasingly close with the deceased in the period since the claimant had moved to England. The claimant, and the claimant’s wife, had provided a great deal of care and assistance to the deceased and the deceased’s wife. Eventually, the claimant had moved in with the deceased and his wife.
The claimant alleged that on two separate occasions, five days apart from one another, the deceased performed acts amounting to donationes mortis causa, in favour of the claimant, regard...
TA v The Public Guardian [2024] WTLR 1125
Autumn 2024 #196In January and April 2021, KA made lasting powers of attorney (LPAs) for property and affairs and health and welfare respectively, both appointing her daughter, the claimant, as her sole attorney. The certificate required under para 2(1)(e) of Sch 1 of the Mental Capacity Act 2005 was provided by X who was the claimant’s ex-mother-in-law and close family friend of KA. On investigation of the making of the LPAs, X stated that she had asked KA if she was happy with the LPAs and KA had not expressed any wishes as to who she wanted to be her attorneys or how they should act. Investi...
Williams v Williams & ors [2024] WTLR 1137
Autumn 2024 #196In 1986, a farm known as Cefn Coed was purchased by Mr and Mrs Williams and one of their sons, the appellant. There was no express declaration of trust. Mr and Mrs Williams and the appellant were in a partnership and the partnership paid the mortgage on Cefn Coed. The wills of Mr and Mrs Williams dealt with Cefn Coed as though it was held on a tenancy in common in equal shares and Mr Williams was found to have served a notice of severance of any joint tenancy before his death. Mrs Williams and then Mr Williams passed away. It was determined that Cefn Coed was not a partnership asset but,...