Face v Cunningham & anr [2021] WTLR 1261

Winter 2021 #185

The claimant brought a claim to propound an alleged lost will of her late father (the 2017 will) against her sister (the first defendant) and her elder brother (the second defendant). The defendants alleged that the 2017 will, which was propounded on the basis of what was claimed to be a photocopy of it, was a forgery and that consequently the deceased died intestate. Expert evidence as to the genuineness of the alleged signature of the deceased to the 2017 will was inconclusive. The alleged witnesses to the 2017 will gave evidence.

The second defendant counterclaimed for a declar...

Hartogs v Sequent [2020] WTLR 505

Summer 2020 #179

The first defendant was trustee of two trusts established by the claimant and named The Milky Way Settlement Trust (Milky Way) and the Mercurius Settlement (Mercurius). Each of the second and third defendants was a company wholly owned by the first defendant as trustee. The trusts were established by the claimant following estate planning advice given to him by professional advisers at Attendus Trust Company AG (Attendus).

Milky Way was part of an offshore trust structure, established in 2009 by the claimant to acquire and hold property in England for the occupation of the claiman...