Case: Investors Compensation Scheme Ltd v West Bromwich Building Society [1997] UKHL 28

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...

University of London v Prag & anr [2014] EWHC 3564 (Ch)

This decision concerned the construction of a trust deed dated 28 November 1944 (the deed) made between Eric Max Warburg on behalf of the Warburg family, Viscount Lee of Fareham on behalf of the Warburg Society, and the University of London (UOL). There arose questions about the scope of the deed, the ownership of property, the status of funding and the propriety of the administration by UOL under the deed. UOL brought a construction summons to determine these questions at the behest of HM Attorney General (the second defendant). The first defendant was Professor John Prag, of the Univer...

Rawstron & anr (executrices of the estate of Lucian Freud) v Freud [2014] EWHC 2577 (Ch)

Lucian Freud (the deceased) achieved international recognition as an outstanding painter and draughtsman, and he acquired considerable wealth over the course of his long and successful life. His final will was dated 10 May 2006 (the 2006 will), superseding his previous will of 25 June 2004 (the 2004 will). Both wills were professionally drafted. His residuary estate, after payment of legacies and inheritance tax, was estimated at around £42m.

The claim was brought by the claimants under CPR Part 8 in their capacity as executrices of the deceased’s final will. The first cl...

Brooke & ors v Purton & ors [2014] EWHC 547 (Ch)

In 2009 Steven Huntley (the deceased) sought the advice of a solicitor in relation to wills and inheritance tax planning. At the date of his death, 11 March 2011, the deceased’s estate was valued at £6.9m, which was comprised of a 90% shareholding in an unquoted company (£5.4m), real estate, vintage cars and cash. The deceased’s estate was substantially similar in 2009.

The deceased had wanted to leave his estate equally between his partner, Louise, and his five children. He had expressed concerns to his solicitor about leaving substantial assets to his children outright and his s...