James v James & ors [2018] WTLR 1313

Wills & Trusts Law Reports | Winter 2018 #170

The deceased was a self-made man who had operated a farming business and a haulage company in partnership with his wife (the third defendant) and his son (the claimant). Over the course of his life, he purchased a number of parcels of agricultural land in Dorset. In 2007 he gave two of these parcels to one of his daughters (the first defendant). In 2009 the partnership dissolved, and the deceased transferred one of the parcels to himself and the third defendant to hold jointly. At the same time the claimant was given one of the parcels and the haulage business.

The deceased died i...

Wright v Waters & anr [2014] EWHC 3614 (Ch)

Wills & Trusts Law Reports | March 2015 #147

The claimant was Patricia Wright who made a claim against the estate of her mother Mary Waters. Mrs Waters died on 29 December 2010 leaving an estate worth £138,000.

Mrs Waters had two children – Patricia and David. Patricia (a widow) has one child Victoria and two grandchildren. Patricia suffers from numerous medical conditions and is wheelchair bound. Her outgoings exceed her income.

David married Susan and has four children.

Mrs Waters made a will in January 2009 leaving legacies of £5000 to each of David’s children, £7,000 between her sister-in-law and a niece an...

Southwell v Blackburn [2014] EWCA Civ 1347

Wills & Trusts Law Reports | January/February 2015 #146

In 2002, the appellant and the respondent set up home together in a house in Droitwich. They remained unmarried. The property was purchased in the appellant’s sole name with his money alone, and he took on sole responsibility for the mortgage. On the breakdown of their relationship, the respondent claimed that the appellant held the property was held by him on constructive trust for both parties in equal shares. That claim failed before His Honour Judge Pearce-Higgins QC, but her alternative proprietary estoppel claim succeeded. The respondent was awarded £28,500 in satisfaction of the e...

Clarke v Meadus [2010] EWHC 3117 (Ch)

Wills & Trusts Law Reports | March 2013 #127

Mrs Clarke was the daughter of Mrs Meadus and Mr R Meadus, who owned a property known as Bonavista as joint tenants. Mr Meadus died in March 1995. Mrs Clarke alleged that prior to his death Mr Meadus expressed that he wanted Bonavista to remain in the family after he and his wife were dead. They wanted Mrs Clarke to live with Mrs Meadus, at Bonavista, for the remainder of her life and she would have Bonavista on Mrs Meadus’s death. Mrs Meadus asked Mrs Clarke and her husband to move in, which they did in September 1995, after allegedly receiving repeated promises that Mrs Meadus would le...