Shapton v Seviour PT-2019-000475

Autumn 2020 #180

The claimant was the daughter of the late Mr Colin John Seviour. The defendant was Mr Seviour’s second wife. Under the terms of Mr Seviour’s will the defendant was to take the entire estate outright. Mr Seviour died on 8 August 2016. His estate was sworn at £268,000 of which £215,000 was comprised in his share of the matrimonial home he had held under a tenancy in common together with the defendant.

In 2017 the defendant was diagnosed with Motor Neurone Disease. In order to retain her independence she had to have the matrimonial home modified to accommodate her needs. The defendan...

Shapton v Seviour (Costs) PT-2019-000475

Autumn 2020 #180

The claimant had brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision from the estate of her late father, which, under the terms of his will, had passed in its entirety to the defendant.

The defendant was the deceased’s late wife. Shortly subsequent to the death of the deceased, she was diagnosed with Motor Neurone Disease. This had meant that she required assistance in conducting the litigation. The defendant received assistance from a former partner in a large London law firm (Alan Johnson), acting as he...

Re Studdert

Autumn 2020 #180

The deceased died on 9 August 2017. The claimants were his personal representatives. The defendants were the trustees of the EAC Educational Trust, a charitable trust created by the deceased which was the residuary beneficiary under the deceased’s will.

The deceased was convicted in 1988 of possessing indecent images of children and in 1996 of attempting to import indecent images. In 2006 he pleaded guilty to 26 counts of possessing, making, and distributing indecent images of children. He had also had his licence to minister suspended and was prohibited from exercising any priest...

Swan & ors v Gibbs & ors [2020] EWHC 1226 (Ch)

Autumn 2020 #180

Applications under the Variation of Trusts Act 1958 were made in respect of will trusts referred to as ‘the Baronetcy Trust’, under which property was held in two funds known as ‘James’s Fund’ and ‘James’s Children’s Fund’, and ‘the Lady Cayzer Will Trust’ in relation to property termed ‘the Molly & Lily Shares’. The primary beneficiaries of the relevant trusts were James Cayzer-Colvin and his two daughters, Molly (aka Mollie) and Lily. At the time of the applications James was 55, Mollie 24 and Lily 21. There were no minor beneficiaries of the trusts but persons unborn or u...

Re Wales [2020] EWHC 1979 (Ch)

Autumn 2020 #180

The deceased died on 17 February 2015 as a widower with no children. He left a will dated 22 December 2008. The claimants were his executors.

Clause 7 of the will left the residuary estate to ‘such all of my nephew’s and niece’s children’. At the date of his death, the deceased had two blood nephews and two blood nieces, and also three nephews by marriage and one niece by marriage. A further nephew by marriage had died in 1992 leaving a son. The claimants sought directions as to whether the gift was just to the nieces and nephews by blood, or whether it was also to the nieces and ...

Ball v Ball & anr [2020] EWHC 1020 (Ch)

Autumn 2020 #180

The claim concerned a dispute between three siblings. Their father, Christopher Ball, had died on 26 June 1978 leaving the income of his estate in trust for his wife, Dorothy Ball, for life and the residue in the proportions one third each to the claimant and second defendant, with a further one third left to the children of the first defendant. All three siblings were appointed executors and trustees of their father’s will. Dorothy Bell died on 1 June 2016 leaving a will appointing her solicitor and accountant as executors. No grant had been obtained in respect of Dorothy’s estate due t...

Bowack & ors v Saxton [2020] EWHC 1049 (Ch)

Autumn 2020 #180

The claimants as respective settlor and trustees of two trusts of investment bonds sought declarations that the trusts had been completely constituted, or alternatively rectification so that such constitution has been properly made. The application was unopposed.

In 2013 the claimants (who were husband and wife) were advised by an independent financial adviser to purchase bonds issued by AXA (Isle of Man) Ltd, which on purchase would be settled on discretionary trusts for the benefit of a class of potential beneficiaries, including their only child, the defendant. The claimants we...

Caldicott & ors v Richards & anor [2020] EWHC 767 (Ch)

Autumn 2020 #180

Mr Caldicott is the son of the late Mrs Yvonne Caldicott, who died in November 2012. He, his wife and his adult son brought a claim against his sister, Mrs Pearson, and her co-executor Mrs Walker, as trustees of a discretionary will trust declared by their mother’s will. The beneficiaries of the trust were a closed class composed of the claimants and Mrs Pearson. Mrs Pearson and her co-trustee are private client solicitors and are now both partners in a firm specialising in that field.

Under the terms of the will Mrs Pearson was given a 50% interest in a family company, Wyvern Sec...

Challen v Challen & anor [2020] EWHC 1330 (Ch)

Autumn 2020 #180

C and Richard Challen (the deceased) were in a relationship for 40 years and had two children (the defendants). Throughout that period the deceased subjected C to sustained coercive control, leaving her in an abnormal psychiatric state. On 15 August 2010 C killed the deceased with a hammer and was convicted of his murder in 2011. In February 2019 that conviction was quashed and the matter remitted for a retrial, and in June 2019 C was convicted upon a guilty plea of manslaughter by reason of diminished responsibility. Under the common law ‘forfeiture rule’ C was precluded from benefiting...

Gandesha & anr v Gandesha & ors [2020] EWHC 1743 (QB)

Autumn 2020 #180

The claim involved a 14-bedroomed property in London (the property) which was purchased in 1991 and held upon trust for five brothers as tenants in common in equal shares. It was intended from the outset that the property should be a home for all the brothers and their families. A declaration of trust was executed in June 2015 in order to formalise the arrangement between the brothers.

By the declaration of trust it was declared that the brothers held the property upon trust for sale with power to postpone the sale, and upon trust as to the proceeds of sale and the net rents and p...