Ham v Ham & ors [2013] EWCA Civ 1301

Wills & Trusts Law Reports | March 2014 #137

The respondents, who had been in a partnership together, were the owners of the land on which their farming business was carried on, together with buildings, live and dead stock, farm machinery and other assets. The accounts recorded that the business was financed by the balance standing to the credit of their capital account with the land recorded year after year at book value. The appellant was bought into the partnership by the respondents on 1 October 1997 and their respective rights and obligations were set out in a partnership deed dated 15 December 1997 (the agreement). The accoun...

Drake v Harvey & ors [2011] EWCA Civ 838

Wills & Trusts Law Reports | November 2011 #114

Mr and Mrs H, their son A and their daughter F were partners in a partnership engaged in farming. The partnership was governed by a partnership deed dated 14 February 1989. One of the assets of the farming partnership was farmland worth approximately £5.5m. Mr and Mrs H ceased to be partners as a result of their loss of mental capacity. They have since died. A ceased to be a partner on his death and therefore F was the only surviving partner.

The partnership capital was originally divided into A and B capital and additional capital. By clause 6 of the partnership deed, A capital h...

Estate Planning: Accruing complexity

Helen Ratcliffe looks at Drake v Harvey, which highlights the difficulties of estate planning for partnership shares ‘Following Cruikshank v Sutherland [1922], where a partnership deed is silent as to the basis of valuation for the purposes of an account, the appropriate value is one that is fair.’Partnerships are one of the frequently chosen vehicles …
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