Re Boyes [2013] EWHC 4027 (Ch)

WTLR Issue: Autumn 2020 #180

The testator (T) died in 2010 aged 86 with an estate of £391,573. The claimant (C) was the elderly sister of T’s late wife and sought to propound his last will dated November 2009, which left the estate as to two thirds to her and one third to the first defendant (D1), T’s daughter, who was also executor along with the second defendant...

Christodoulides v Marcou [2017] EWHC 2632 (Ch)

WTLR Issue: Autumn 2020 #180

The claimant and the defendant were sisters, the daughters of Agni Iacovou (the testatrix). By her will dated 7 August 2012 (the will), made shortly before her death two days later, the testatrix gave her entire net residuary estate to the claimant whom she appointed to be her executrix...

Smith & anr v Stanley & ors [2019] EWHC 2168 (Ch)

WTLR Issue: Autumn 2020 #180

The testator died in March 2015. By his last will of 14 March 2015 (the will) the testator gave the sum of £4.2m (the legacy fund) to his trustees to be held upon trust to pay the income to his widow for life, subject to an overriding power of appointment in clause 4 of the will for the benefit of a class of discretionary beneficiaries including the testator’s sister...

Todd v Parsons [2019] EWHC 3366 (Ch)

WTLR Issue: Spring 2020

T died in 2009, aged 96 years, leaving two adult children, her son, who was the claimant (C), and her daughter, who was the third defendant (D3). By a will document dated 25 September 2008, T appointed the first defendant (D1) and the second defendant (D2) as her executors...

Barnaby v Johnson [2019] EWHC 3344 (Ch)

WTLR Issue: Spring 2020

Mrs Maudlin Bascoe (T) died on 29 August 2015. Cs sought to prove a will dated 27 April 2005 (the 2005 will) naming them as executors. C1 was T’s son. C2 was T’s former solicitor and the draftsman of her wills from 1988 2005. D was T’s daughter...

Estera v Singh [2019] EWHC 2039 (Ch)

WTLR Issue: Spring 2020

The Petitioners brought an unfair prejudice petition against the First Respondent in respect of their management of the Fourth Respondent (the Company). Following a liability trial, the First Respondents and the Company were ordered to purchase the Petitioners’ shares in the Company at a price to be determined...

Hendry v Hendry & Pertiwi [2019] EWHC 1976 (Ch)

WTLR Issue: Spring 2020

The claimant, who was born in the Philippines, married Michael Frederick Hendry (the deceased) on 31 October 2003. He was 20 years older and already had three adult children. They entered into a pre-nuptial agreement which provided that in the event of the marriage failing the claimant would receive a lump sum of £10,000 and a one-way flight to the Philippines...

Gaskin v Chorus Law Limited [2019] EWHC 616 (Ch)

WTLR Issue: Autumn 2019 #176

The claimant ‘C’ and second defendant ‘D2’ were two of the children of the deceased, who appeared to have died intestate in 2012. They appointed a probate company ‘D1’ to administer the estate, who took a grant under a power of attorney from D2 in 2013...

Lines v Wilcox [2019] EWHC 1451 (Ch)

WTLR Issue: Autumn 2019 #176

The claimant was the administrator of the estate of Nancy Elizabeth Brock (deceased) who executed a ‘homemade’ will on 22 April 2005. The first defendant was appointed as executrix. The first, third, fourth and fifth defendants were the adult children of the deceased to whom she had bequeathed ‘all the money’ immediately following a reference to the price of £100,000 to be paid for the deceased’s house at 6 Mildfield Estate, Pontypool which she had agreed to sell to the first defendant and her husband, the second defendant...

PQ v RS [2019] EWHC 1643 (Ch)

WTLR Issue: Autumn 2019 #176

This was a Public Trustee v Cooper application by the claimants as trustees of a discretionary trust executed on 11 March 1968. The application was for a declaration that they had power to make a proposed appointment, and the court’s blessing of that appointment...