Re Ashkettle [2013] EWHC 2125 (Ch)
October 2013 #133Mrs Louisa Ashkettle (the testatrix) died on 27 September 2007, aged 86. She left two wills dated 2 October 1986 and 18 January 1999. While the 1986 will left everything equally between her two sons (the claimants) and her daughter (the respondent), the 1999 will (the will) left everything to the respondent. The claimants stated that:
- (i) the will was not properly executed;
- (ii) the testatrix lacked testamentary capacity at its execution;
- (iii) the testatrix did not know and approve the contents of the will; and
- (iv) if their assertions at (ii)...
Feltham v Bouskell [2013] EWHC 1952(Ch)
October 2013 #133The defendant firm of solicitors had acted for Hazel Charlton (testatrix) of 12 Cecilia Road, Leicester, in relation to a will that she had made on 14 May 1998 (1998 will). The testatrix, who had been previously married twice, had spent the last 20 years with her partner, John Fishbein, latterly living in his house at Barton on Sea. Apart from Mr Fishbein, the residuary beneficiaries of the 1998 will were respectively the testatrix’s cousin, Mrs Atkinson, and friend, Dr Bhangoo. The claimant, who was a step-granddaughter of the testatrix by her second husband, was not a beneficiary...
Re the Hampel Discretionary Trust 1999 [2012] EWHC 2395 (Ch)
October 2013 #133The claimants purchased a property in Cornwall in 1999. Their intentions were to create a discretionary trust of which they were to be the initial trustees, in favour of a class of beneficiaries consisting of their children and grandchildren and any further person or class of person nominated by the trustees. It was also intended that they should both be excluded from any possibility of benefit under the trust for inheritance tax reasons. In particular, they were concerned that there should be no reservation of benefit within the meaning of s102(1)(b) of the Finance Act 1986...
Evans & ors v Lloyd & anr [2013] EWHC 1725 (Ch)
September 2013 #132Wynne Evans (Wynne) died on 2 September 2006 at the age of 79. He had worked on a farm from the age of 14. The farm latterly belonged to the defendants, David Lloyd (David) and his wife Elizabeth Lloyd (Elizabeth). Previously it had belonged to David’s parents and grandparents.
There was an issue as to whether Wynne had died testate or intestate. The claimants argued he died intestate but the defendants argued that he died testate and that the will, of which David was residuary beneficiary, had been lost.
The first claimant Howell Evans (Howell) is Wynne’s sole ...
Fyfe v Watts & ors; Watts & anr v Watts & anr [2013] EWHC 1374 (CH)
September 2013 #132Two sets of proceedings had come before the court, which had involved several applications. An order was made on 8 May 2013 by Deputy Judge Foster, which awarded costs. On 30 May 2013 Deputy Judge Foster set out her reasoning behind that order. The proceedings were in respect of a trust for the primary benefit of Louise Fyfe (the trust). The proceedings related to the successful removal of Mr John Watts (the defendant) as trustee and to a claim against the defendant for misappropriation of trust property (the property) which was in reality bought by a company owned by the trust (Dream St...
Re Goodman (dec’d) [2013] EWHC 758 (Ch)
September 2013 #132Everard Goodman (the deceased) died on 17 April 2011 leaving a will dated 15 December 2010 (the will) naming his sons, the claimants (C), his daughter, the second defendant (D2), and his widow, the first defendant (D1), as executors. However, relationships between the parties were very poor and, on 16 August 2012, D1, a beneficiary under the will as well as one of the executors named in it, issued an application for an independent professional to take over the administration of the deceased’s estate under s50 of the Administration of Justice Act 1985 (the 1985...
Hart & anr v Burbidge & ors; Samways & ors v Burbidge & ors [2013] EWHC 1628 (Ch)
September 2013 #132The deceased, Phyllis Hart née Samways (W) died on 7 November 2008 aged 86. Her husband (H) had died in January 2005. They left three children, two sons, Kenneth (K) and Paul Hart (P) and a daughter Susan Burbidge (S), who all have children of their own. W had a twin sister (J) who died four weeks after her and three other surviving siblings: Arthur, Graham and Christine (the Samways). Some eight years before he died H wished to sell the family firm to one of his children, but only S and her husband (B) were prepared to take it over on his terms, which did not include the transfer of the...
Williams v Wilmot [2012] EWHC 2211 (Ch)
September 2013 #132The claimant sought probate of a will of Dr Cecil Monk (the deceased) dated 5 December 2003 by which the deceased left his entire estate to the claimant. The claimant also sought, in so far as it was necessary, an order that the deceased’s later will of 19 January 2007 be pronounced against on grounds of a lack of testamentary capacity and/or a lack of knowledge and approval.
The defendant, who did not appear and was not represented, was formerly engaged in caring for the deceased. He was an employee of a care agency to whom the relevant local authority had contracted out the care...