Re Shuldham [2012] EWHC 1420 (Ch)
November 2012 #124The applicant intended to bring a claim for rectification of an instrument by which he and two other family members had purported to grant an interest in land and a lease commencing in the year 2040. The instrument was part of a larger scheme in relation to a deceased’s estate, whereby the freehold of properties subject to it were held by the deceased’s daughter (XH) with a lease in favour of her, currently minor, child (XB). The purpose of this scheme was a reduction in XH’s estate over time so as to mitigate future inheritance tax liabilities.
The family’s concern about bringing...
Dalriada Trustees Ltd v Woodward & ors [2012] EWHC 21626 (Ch)
November 2012 #124The first defendant (Mr Woodward) and the second defendant (Ms Ilett) were the trustees of two pension schemes (the Pennines and the Mendip Retirement Benefit Schemes) established by deeds of trust dated 23 August and 9 September 2011. A scheme for ‘pensions liberation’ was devised and implemented by and for Mr Woodward and John Davies (Mr Davies) utilising the third, fourth and fifth defendants, which were entities controlled by them. Members of other pension schemes were encouraged to transfer the cash equivalent of their benefits to Mr Woodward and Ms Ilett as trustees of the Pennines...
Hughmans Solicitors v Central Stream Services Ltd & anr [2012] EWHC 1222 (Ch)
November 2012 #124Hughmans Solicitors (Hughmans) made an application against Central Stream Services Ltd (in liquidation) (the company) and its liquidator for an order for payment of £19,000 from the proceeds of sale of 3 Tisdal Place, London (the property). Hughmans claimed to be entitled to the payment on the basis of a judgment debt secured by a final charging order against the property.
The respondents claimed a prior secured right to the whole of the sale proceeds arising from the contractual terms of the schedule to a Tomlin Order dated 13 June 2008 (the schedule) made in compromise of procee...
Morris v Davies & ors [2012] EWHC 1981 (Ch)
November 2012 #124The deceased, Owen Davies (D), was born in England but died in France. He was living in Belgium at the time but owned a house in England and had made a will in England some 12 years before his death under which the fifth defendant, his uncle Clive Davies (Clive), was interested in residue. He was not on good terms with his mother and siblings represented by the first to third defendants (the family defendants (FD)) when he made his will and they contested probate proceedings claiming that D had died domiciled in Belgium and that the will was null and void under Belgium law, pleaded that ...
Scarfe & anr v Matthews & ors Claim number: HC12C0096
November 2012 #124Bernard Trevor Matthews (testator) died on 25 November 2010 and was survived by the defendants, who were his son, longstanding partner and three adopted children respectively. His estate included a property in France called Villa Bolinha estimated at €15m and property elsewhere estimated at £40m. Although (as he was aware) French law only permitted the testator to leave the second defendant 25% of Villa Bolinha since his children were as of right entitled to 75%, he made a will in France (French will) leaving it to her absolutely. By a letter of wishes, he nevertheless hoped that his chi...
Hughes & ors v Bourne & ors [2012] EWHC 2232 (Ch)
October 2012 #123Eric Lionel Thomas (the settlor) settled a trust (the 1961 settlement) by deed dated 27 June 1961 (the 1961 deed). The principal asset of the 1961 settlement was a controlling interest in NWN Media (the company), a family owned newspaper publishing company that published local newspapers in Wales, Chester, Shropshire and Herefordshire. The trustees of the 1961 settlement (the trustees) were given powers by the 1961 deed to sell shares with the consent of the settlor during his lifetime and thereafter at their discretion. In addition, the 1961 deed gave the trustees the powers of appropri...
Re Longman (dec’d) [2012] EWHC 666 (Ch)
October 2012 #123Mrs Elizabeth Longman (D) died on 18 April 2008, leaving the residue of her estate equally to six charities if they were in existence at the date of her death. One of the six was the International Bible Society (UK) (IBS). When the will was made, IBS was an unincorporated association, but it had incorporated in May 2007 by transferring all its assets to a new charitable company, IBS-STL Ltd. Clause 6.3 of D’s will (see para [2] of the judgment below) provided that if one or more of the named charities merged or ceased to exist her trustees could pay its share of the residue to a...
Scott v Scott [2012] EWHC 2397 (Ch)
October 2012 #123The claimant (Andrew) and the defendant (Martin) were brothers. They were the trustees of a trust created in 1991 by their mother (Elizabeth Scott). Andrew, Martin and Simon Jackson QC (a long standing friend of Elizabeth Scott) were the principal beneficiaries of the trust. There were other discretionary beneficiaries. Andrew had carried out the day to day administration of the trust since 2006.
The trust had formerly comprised a farm of 60 acres and a nursing home. Significant distributions were made. Andrew carried out significant works to a property known as the Barn, which wa...
Drakeford v Cotton & anr [2012] EWHC 1414 (Ch)
September 2012 #122Ernest Cotton (Mr Cotton) and Mary Cotton (Mrs Cotton) won about £107,000 on the National Lottery and made mirror image wills on 16 May 1997 that provided for the survivor to take the entire estate of the first to die and, on the death of the survivor, for it to pass equally to their three children, who were the claimant and defendants. When Mr Cotton died on 7 February 2008 there were two jointly-held accounts (respectively a deposit and current account) with the Coventry Building Society containing £49,186.98 and £2,622.08 (Accounts). Both were thenceforth owned legally and beneficiall...