Case: Chartbrook Ltd v Persimmon Homes Ltd & ors [2009] UKHL 38

Ong & ors v Ping [2018] WTLR 1365

Morgan J had held that the late Lim Lie Hoa (Madam Lim) had until her death in 2009 held the house, its proceeds of sale and other rights relating to it upon the trusts of a settlement dated 14 December 1985 signed by her and by the appellant Ong Siauw Ping (Ping), her son.

Ping had opposed the claim that the house was held upon the declared or any trust. The only issues raised by the appeal were: (i) whether Madam Lim made a declaration of trust in respect of the house; and, if she did, (ii) whether it was ‘manifested and proved’ by the writing requirements of s53(1)(b) ...

Gorbunova v Estate of Boris Berezovsky & ors [2016] EWHC 1829 (Ch)

B had been involved in litigation against A and the AP family (the litigation) from which he potentially stood to recover large sums of money. The claimant, G, was B’s long-term partner. In March 2012 the litigation deed was drawn up to reflect agreement between B and G regarding G’s entitlement to B’s assets (including the litigation). B subsequently lost his case against A and entered into settlement discussions with the AP family. The litigation agreement was a further document signed in September 2012 to reflect an agreement between B and G concerning her entitlement to any sums from...

Brennan v Prior [2015] EWHC 3082 (Ch)

The claimant and third to sixth defendants were beneficiaries under a will. The first and second defendants were the witnesses and executors of the will. The claimant unsuccessfully challenged the will with costs orders being made against the claimant in favour of the first and second defendants and the third to sixth defendants. As regards the third to sixth defendants’ costs the order provided that the costs (if not previously paid) should be payable out of what remained of the claimant’s pecuniary legacy after payment of the first and second defendants’ costs prior to the distribution...

Marley v Rawlings & anr [2014] WTLR 299

Mr Alfred Rawlings and his wife Maureen Rawlings instructed a solicitor to draft their wills in mirror form. Each spouse intended to leave his or her entire estate to the survivor of them, but provided that, should the other have predeceased or survived them for less than a month, their estates should be left to the appellant, who was not related to them but whom they treated as their son. Mr and Mrs Rawlings’ solicitor attended them on 17 May 1999 to enable a due execution of draft wills containing these provisions. By an oversight, their solicitor gave each spouse the other’s draft wil...