Curati v Perdoni & anr [2012] EWCA Civ 1381
January/February 2013 #126Pierluigi Curati (Mr Curati) had a domicile of origin in Italy. He moved with his wife (Mrs Curati), a British national, to England in 1955. Mr and Mrs Curati ran a family restaurant (inherited from Mrs Curati’s parents) until 1970, when they sold the restaurant and invested the proceeds in real property which added to the property portfolio which they had already started to build up in England. They also held real property in Italy which they rented to third parties. On 18 December 1980, Mr and Mrs Curati made formal mirror wills in England, drawn in English which were limited t...
Helmsman Ltd & anr v Bank of New York Trust Co (Cayman) Ltd [2009] CILR 490
January/February 2013 #126The defendant Bank of New York Trust Co (Cayman) Ltd (BNY Cayman) was sole trustee of the Beverley and Howden Settlements from June 1999 until February 2005 and trustee of the London Settlement from March 2000 until November 2002. The first plaintiff, Helmsman Ltd (H(1)), is a Bermudian company and now the sole trustee of the Beverley and Howden Settlements. The second plaintiff, the Hotham Trustee Co Ltd (H(2)), is an English company and the sole trustee of the London Settlement. The Beverley and Howden Settlements (the UK settlements) provide that the proper law of the settlement is th...
Lawie v Lawie & ors [2012] EWHC 2940 (Ch)
January/February 2013 #126The claimant (SL) sought rectification of a deed of trust that he and his late wife (PL) had executed in 2006.
SL and PL determined, on the advice of Mr Tollins (a financial advisor at the Norwich & Peterborough Building Society (the building society)) that they wanted £100,000 (just under half of their net assets at the time) to be held in a Legal & General portfolio bond, which was to be held on a flexible trust for the benefit of their children and grandchildren. They expressed an intention to be able to alter the class of discretionary objects and the percentage entitl...
Matthews v HMRCC
January/February 2013 #126The late Mrs Matthews (D) invested approximately £95,000 in a Building Society account with her son, the claimant, John Matthews (M) in 1999. The words ‘either signature’ were included in the special instructions for operation of the account. Between 1999 and 19 January 2007 when D died there were no withdrawals from the account and both D and M included half the interest on their tax returns. M claimed that D intended to make an immediate gift of the moneys in the account to him on the date it was opened and that he could have used that money for what ever purpose he wished,...