Antonio v Williams & anr [2023] WTLR 1
Spring 2023 #190The claimant was born on 2 January 2010. His mother did not look after him and social services arranged for him to be taken from hospital to the home of his father’s sister (the deceased) and grandmother, the second defendant, at 42 Chestnut Rise, Woolwich. The claimant’s father was unable to contribute much to his care as he was imprisoned soon after his birth and burdened by significant debt. Thus, it was the deceased who contributed most to the maintenance of the claimant, who continued to live with her there until she died on 11 February 2016. By her will, made a day before her death...
Chimelu v Egemonye & ors (1) [2023] WTLR 17
Spring 2023 #190The claimant had been married to the deceased for 11 years. The deceased took her own life on 11 April 2017. The claimant and the first and second defendants, the deceased’s siblings, were appointed executors of the deceased’s 2015 will. Probate was granted in April 2018. The estate was valued at around £130,000.
On 27 August 2019, the claimant was removed as an executor of the 2015 will by the court. The claimant brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of the deceased on 21 November 2019, which was opposed b...
Chimelu v Egemonye & ors (2) [2022] WTLR 23
Spring 2023 #190The claimant had been married to the deceased for 11 years. The deceased took her own life on 11 April 2017. The claimant and the first and second defendants, the deceased’s siblings, were appointed executors of the deceased’s 2015 will. Probate was granted in April 2018.
On 27 August 2019, the claimant was removed as an executor of the 2015 will by the court. The claimant brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of the deceased on 21 November 2019, which was opposed by the first and second defendants. The thi...
Chimelu v Egemonye & ors (3) [2023] WTLR 35
Spring 2023 #190The claimant had been married to the deceased for 11 years. The deceased took her own life on 11 April 2017. The claimant and the first and second defendants, the deceased’s siblings, were appointed executors of the deceased’s 2015 will. Probate was granted in April 2018. The estate was valued at around £130,000.
On 27 August 2019, the claimant was removed as an executor of the 2015 will by the court. The claimant brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of the deceased on 21 November 2019, which was opposed b...
Colbourne v Cooke & ors [2023] WTLR 43
Spring 2023 #190On 13 May 2022 the applicant made an application by form N244 seeking permission to issue a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) out of time, pursuant to s4 of that Act. A grant of probate had been made on 20 September 2021, and so the period of six months from grant expired on 20 March 2022. The evidence in support of the application exhibited a draft Part 8 claim form and witness statement, unissued.
The explanation for the delay was a technological malfunction in the applicant’s solicitors’...
Equity Trust (Jersey) Ltd v Halabi [2022] WTLR 55
Spring 2023 #190The Privy Council determined appeals from the Jersey Court of Appeal (the Jersey appeal) and from the Guernsey Court of Appeal (the Guernsey appeal) concerning the rights of indemnity of successive trustees against the assets of trusts governed by Jersey law, whose assets were insufficient to meet in full the liabilities incurred by their trustees.
The Jersey appeal
The original sole trustee of two Jersey trusts settled by the late Madam Intisar Nouri was Equity Trust (Jersey) Ltd (Equity Trust). Equity Trust was later replaced as sole trustee by Volaw Corporate Trustee L...
F v R [2023] WTLR 137
Spring 2023 #190R had a lifelong significant disability and lacked capacity. His estate at the time of the application comprised income from state benefits. The total benefit income was £60,293.48 of which £52,381.60 was means-tested. R’s mother had a cousin, T, who passed away leaving their residuary estate to R absolutely. The bequest was in the region of £400,000-£600,000 which would have reduced R’s means-tested benefit entitlement to nil.
Proceedings were brought by F for approval of a deed of settlement which would result in the sum instead being left on a disabled person’s trust for the be...
Grand View Private Trust Co Ltd & ors v Wong & anr [2023] WTLR 149
Spring 2023 #190The Global Resource Trust No.1 (the GRT) was created by a declaration of trust dated 10 May 2001. It was accepted that the true economic settlors were two brothers, YC Wang and YT Wang (the founders), who had built a group of companies from the 1950s into one of the largest business conglomerates in Taiwan (FPG Group). They had died in 2008 and 2014 respectively.
Shortly after the GRT was established, Grid Investors Corp, an investment holding company ultimately owned by the founders which held shares in FPG companies, was transferred to the GRT trustee. The value of those shares ...
Hopes & anr v Burton & ors [2023] WTLR 187
Spring 2023 #190The claimant trustees sought to set aside two deeds of appointment dated 31 May 2013 and 22 July 2014 on the grounds of operative mistake, excess of powers or lack of proper consideration.
The trust was settled in 1992 when taking out a policy of life insurance, and provided that subject to and in default of any exercise of the trustees’ powers of appointment, the trust fund and its income was held absolutely for the ‘Immediate Beneficiaries’ as defined in the deed. The settlor died in 2004 but the trustees did not become aware of the policy until late 2012. The trustees discussed...
Hudson v Hathway [2023] WTLR 207
Spring 2023 #190After Jayne Hathaway (JH) and Lee Hudson (LH) started a relationship in 1990, JH moved into LH’s home and became a joint owner. They had two sons together but did not marry. After selling their home, they bought another in joint names. In 2007 they sold that home and, with a mortgage, bought Picnic House in joint names. The mortgage payments were made from a joint bank account, into which the salaries of them both were paid. LH’s contributions towards the mortgage payments far exceeded those of JH.
In 2009, LH left JH and moved in with another woman, whom he later married. JH cont...