Dunbabin & ors v Dunbabin (costs) [2022] WTLR 935
Wills & Trusts Law Reports | Autumn 2022 #188On 10 February 2022 judgment was delivered on a claim brought under Part 8 of the Civil Procedure Rules in relation to issues which had arisen in the administration of the estates of Angela and John Dunbabin. The main issue related to the question whether they had severed their beneficial joint tenancy, so as to hold the legal title to their residence upon trust for themselves as tenants in common in equal shares, with the result that on the death of Angela her half share devolved according to the terms of her will instead of passing automatically by survivorship to John. The cl...
Jennison & anr v Jennison [2022] WTLR 1027
Wills & Trusts Law Reports | Autumn 2022 #188The claimant at first instance was the widow of the deceased and the personal representative of his estate. The defendants were the deceased’s brother and sister-in-law. The claimant sought declaratory relief, an order for sale and compensation flowing from the defendants’ alleged breach of trust in dealing with land. The defendants defended the claim on the basis of a lack of standing as the claim form had been issued before the foreign grant of probate was resealed in the UK. The defendants appealed the refusal to grant them summary judgment or strike out on this basis.