Wills & Trusts Law Reports | Autumn 2022 #188Title to a property (the property) passed on the death of Mohammed Ali in 2003 to his wife Fateh Bibi (Mrs Bibi). Mrs Bibi died on 11 July 2006, having made a will dated 7 January 1997 (the 1997 will). Under the 1997 will, Mrs Bibi left her residuary estate in equal shares to her children: Farzand Ali, Mohammed Ramzan, Mohammed Iqbal and Parveen Iqbal. In probate proceedings brought in 2012 by Farzand in relation to Mrs Bibi’s estate, an order pronouncing in favour of the 1997 will was made on 24 January 2014 (the 2014 order). The 2014 order also pronounced against a document dated 2 Oct...
John Sharples outlines a case that clarifies occupation rights Ali illustrates the importance of properly analysing the nature of the occupying beneficiary’s interest at the outset and seeking the proper relief on behalf of the proper claimant for the correct amount. In what circumstances can a beneficiary of a trust of land who does not …
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Wills & Trusts Law Reports | Summer 2021 #183The claimant (C) and the defendant (D) were the surviving children of the deceased. Her other child, E, had died of cancer without children. Although the deceased had been close to D and D’s daughter, this changed after a disagreement between D and the deceased about E’s medication, when the deceased threatened that she would not forgive or speak to D again. The Deputy Master found that D was not responsible for the estrangement and that the deceased had irrationally maintained that it was D who cut her out rather than the other way around. E’s death had a profound effe...
Wills & Trusts Law Reports | Spring 2021 #182On 30 July 2015 Mr Ludovic Skinner (LS), Mr Rollo Skinner (RS) and Mr Bruno Skinner (BS) were given interests in possession under the L Skinner Settlement, the R Skinner Settlement and the B Skinner Settlement respectively in the whole of the settled property. On 11 August 2015 Mr Quentin David Skinner (QS) gave 55,000 D ordinary shares in DPAS Ltd to each of those settlements. LS, RS and BS had, since 2011, each held 32,250 C class shares with full voting rights in the company and were also officers of DPAS Ltd from at least 2011 onwards. On 1 December 2015 the trustees of the settlemen...
