Mussell v Patience [2019] EWHC 1231 (Ch)

WTLR Issue: Autumn 2019 #176

The Claimants brought a claim as executors of the late Louis Patience, who died in April 1997. They produced accounts setting out the proposed distribution of the deceased’s estate. These accounts were opposed by the Defendants (in their capacity as beneficiaries of the estate)...

Nield-Moir v Freeman [2018] EWHC 299 (Ch)

WTLR Issue: Spring 2018 #171

The deceased died intestate. The claimant (N) and the defendant (F) were both born to the deceased’s late wife (W) during her marriage to the deceased, such that a rebuttable presumption that they were both children of the deceased arose. Letters of administration were granted to F...

Lewis v Tamplin [2018] EWHC 777 (Ch)

WTLR Issue: Spring 2018 #171

The claimants/applicants brought a part 8 claim, as beneficiaries of a trust of land in Glamorgan known as the Tamplin trust, for disclosure of documents and information by the defendant/respondent trustees. This claim was founded on the basis that the trustees owe a duty to account to the beneficiaries for their stewardship of the trust assets...

Wall v Munday
 Neutral citation: [2018] EWHC 879 (Ch)

WTLR Issue: Spring 2018 #171

W and M were married in 1969 and divorced in 1974. During their marriage, they bought a leasehold property with the proceeds of their former matrimonial home and a mortgage loan for the balance. The benefit of the long lease of the property was conveyed to them as joint tenants...

Lee v Lee [2018] EWHC 149 (Ch)

WTLR Issue: Spring 2018 #171

Facts


In October 2002 the testator (T) and the first claimant (C1) bought Little Hendra Farm, Looe, Cornwall (the farm). They purchased as joint tenants. The farm consisted of a bungalow and some fields, within three registered titles. Title X included Village Field and Title Y included the Bungalow and Borehole and Church Fields...

Chaston vs Chaston [2018] EWHC 1672 (Ch)

WTLR Issue: Summer 2018 #172

The parties were three of the four children of Sybil and John Chaston (‘the parents’). They inherited from their parents a freehold property (‘the Property’). The Property was currently held by the Appellants and the Respondent upon trust for the Respondent as to 50%, and as to 25% for each of the two Appellants...

Smith-Tyrrell v Bowden [2018] EWHC 106 (Ch)

WTLR Issue: Autumn 2018 #173

The claimants occupied land at Falmouth in Cornwall (the property) initially pursuant to a written agreement for the grant of a 15-year lease from 1 January 1993 at a rent of £400 per annum. The agreement was never signed by the defendant’s parents, who were then the freehold owners, with the result that it did not qualify as a valid agreement for the grant of a tenancy of 15 years, due to failure to comply with the requirements of s2 of the Law of Property (Miscellaneous Provisions) Act 1989...