Gordon v Legister [2014] EWHC 2041 (Ch)
December 2014 #145The claimant (Arlene) applied for reasonable financial provision from the estate of Alonzo Legister (the deceased) as someone maintained by the deceased immediately before his death under s1(1)(e) of the Inheritance (Provision for Family and Dependants) 1975 (the 1975 Act). The claim was contested by the defendant, who was the administrator of the estate and one of the residuary beneficiaries on Alonzo’s intestacy. It was Arlene’s case that she was cohabiting with the deceased prior to his death. However, it was accepted that even on her case she wa...
Re GW; London Borough of Haringey v CM Neutral citation: [2014] EWCOP B23
December 2014 #145GW was diagnosed with late onset Alzheimer’s dementia in 2009. He had lost contact with his sons who apparently live in Australia and only had contact with one niece, CM. GW was sectioned under the Mental Health Act 1983 three times and was hospitalised in January 2013 before ultimately being placed in a residential care home. Whilst still in hospital, a safeguarding alert was raised by nursing staff for financial exploitation on the basis of disclosures made by GW about his finances, which suggested that his niece, CM, was withdrawing monies from his bank account without ...
Re OB, The Public Guardian v AW & anr Neutral citation: [2014] EWCOP 28
December 2014 #145OB, who was born in 1916, was a widow with two adult children, AW and DH. She lived in her own home until February 2007 and thereafter with AW. On 15 September 2008, OB executed a lasting power of attorney (LPA) for property affairs, appointing AW and DH jointly and severally as her attorneys. OB’s property was sold on 15 June 2010 and realised net proceeds of £376,200. The LPA was registered by the Office of the Public Guardian (OPG) on 4 March 2011. Subsequently, DH expressed concerns that long standing ‘pocket money’ payments by OB to her grandchildren had been stopp...
Routier & anr v HMRC Neutral citation: [2014] EWHC 3010 (Ch)
December 2014 #145This was an appeal from notices of determination by HMRC which held that dispositions in the will of Beryl Coulter (the deceased) did not fall within s23 of the Inheritance Tax Act 1984, and were therefore not exempt from inheritance tax. The deceased died on 9 October 2007 domiciled in Jersey. Her final will was dated 1 October 2004 and probate was granted in the probate division of the Royal Court of Jersey on 25 October 2007. The will made several legacies totalling £210,000 and the residue passed to her executors to be held on the terms of the Coulter Trust for the purpose of the pro...
Shergill & ors v Khaira & ors [2014] UKSC 33
December 2014 #145The case concerned Gurdwaras (Sikh temples) which were established under the discipline and headship of His Holiness Brahamgiani, revered 108 Sant Maharaj Baba Gian Singh Ji, the religious head of the abode of saints at Nirmal Kutia in the Indian village of Johal (the First Holy Saint). Responsibility for the management of the Gurdwaras was given by the First Holy Saint to various individuals (some described as trustees), with the First Holy Saint having the authority to change any trustee, management member and the whole management system at any time. Numerous documents relating to the ...
Tadros & anr v Barratt & ors [2014] EWHC 2860 (Ch)
December 2014 #145Wedad Tadros (the deceased), a Dutch national, died on 26 October 2006 leaving a number of wills in several jurisdictions. The wills forming the basis of these proceedings were an English will dated 13 September 2010 but purportedly signed on 14 May 2011, and a Dutch will dated 27 May 2011 which created a foundation to benefit orphans (the foundation). The foundation was formally set up on 6 November 2013 under Dutch law. Both wills were drafted as though the deceased’s husband were alive at the time, although he had died on 23 September 2010. There were concerns over the validity of the...
Watts v Watts Claim no: HC02C02559
December 2014 #145The claimant Arthur Watts (Arthur) sued his brother James Watts (James) in respect of trust transactions in 1998.
In 1967 Geoffrey Watts, the father of Arthur and James, made a settlement in favour of his children and grandchildren. In 1976 this trust fund was split into separate trust funds for each of Geoffrey’s children. James was one of the trustees of Arthur’s trust fund. The main beneficiaries were Arthur in his lifetime and thereafter his legitimate children. Clause 4 allowed the trustees to pay all the capital to Arthur if they considered it to be to his advantage...