Bowser v Smith & anr [2023] WTLR 1207

Wills & Trusts Law Reports | Winter 2023 #193

The appellant solicitor applied under s50 Administration of Justice Act 1985 to remove his co-executor, the deceased’s widow. At a hearing before Bacon J the parties agreed by consent that both executors should be removed and replaced with an independent administrator, but could not agree on costs. The judge gave directions for written submissions to be exchanged, after which a decision was made on the papers without a hearing. The appellant was ordered to pay personally the respondent’s costs on the standard basis (with the balance paid out of the estate) and was deprived of hi...

O’Neill v Holland [2020] WTLR 1397

Wills & Trusts Law Reports | Winter 2020 #181

This was a second appeal against the decision of HHJ Pelling to overturn the trial judge’s order declaring inter alia that A was a 50% beneficial owner of A and R’s former home (the property) under a common intention constructive trust.

The trial judge had found that A’s father had bought the property in 1998 with the intention that it should be A and R’s family home. In 2008, A’s father had transferred the property to R for nil consideration. The trial judge had found that A’s father intended A to have a beneficial interest in it and had originally planned to transfer it into A a...

Lomax & ors v Greenslade [2019] WTLR 171

Wills & Trusts Law Reports | Spring 2019 #174

The three adult children of a Mr Lomax brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against Ms Greenslade, the sole executor and beneficiary of Mr Lomax’s estate.

At trial HHJ Bailey concluded that the estate, which comprised a single property in London valued at £699,000, failed to make reasonable provision for the three children. He decided that Ms Greenslade should receive £69,000, being the sum of £20,000 which the deceased intended to give her under a draft will that was never executed, and the sum of £49,000 to cover the costs...

Martin v Martin [2019] WTLR 181

Wills & Trusts Law Reports | Spring 2019 #174

A company was incorporated by the husband and a friend in 1978 as equal shareholders. The husband and wife started living together in 1986, and married in 1989. At this point, the husband acquired 99% of the shares and the wife 1%. They separated in 2015.

On a wife’s application for a financial remedy order, the judge found that the capital assets were £182m in properties and pension funds, and 100% of the shares in a private company, which he valued at £221m before tax and costs of sale. He found that 80% of the company’s value was marital property, by applying a straight-line ap...