Hopes & anr v Burton & ors [2023] WTLR 187
Spring 2023 #190The claimant trustees sought to set aside two deeds of appointment dated 31 May 2013 and 22 July 2014 on the grounds of operative mistake, excess of powers or lack of proper consideration.
The trust was settled in 1992 when taking out a policy of life insurance, and provided that subject to and in default of any exercise of the trustees’ powers of appointment, the trust fund and its income was held absolutely for the ‘Immediate Beneficiaries’ as defined in the deed. The settlor died in 2004 but the trustees did not become aware of the policy until late 2012. The trustees discussed...
Boast v Ballardi & ors [2022] WTLR 1203
Winter 2022 #189The claimant issued probate proceedings seeking orders pronouncing against the validity of a will dated 11 June 2013 and in favour of an earlier will dated 15 March 2006. The claimant was the sole executor under both wills, and the sole beneficiary of the earlier will. The later will gave rise to a partial intestacy of residue, under which the defendants were the beneficiaries.
The claimant issued probate proceedings challenging the 2013 will for lack of testamentary capacity. Four defendants had consented pre-action and one had acknowledged service, not contesting the claim. No o...
Laird v Simcock & ors [2022] WTLR 1351
Winter 2022 #189By his will, the late Robert Simcock created a trust over the sum of £200,000, under which his wife Catherine was to be the life tenant. Subject to that, the capital and income of that trust was to be held on the terms of a discretionary trust of residue also created by the will, the objects of which were Catherine, and Robert’s children and remoter issue.
Solicitors acting for the family determined that only a portion of Robert’s estate would benefit from Agricultural Property Relief (APR) and Business Property Relief (BPR), with the consequence that, absent an appointment from t...
Laird v Simcock & ors (costs) [2022] WTLR 1365
Winter 2022 #189In an earlier judgment (p1351 of this edition), the court had dismissed the main claim seeking rectification of a deed of appointment made by the claimant and first defendant as executors and trustees of a will trust. The claimant’s position was that there should be no order as to costs, but the court should order that she be indemnified from the estate in respect of her costs. The claimant was neutral in respect of whether the court should order the defendants’ costs be paid out of the estate. The first defendant sought an order that the claimant pay her costs and submitted that the cla...
Parsons & anr v Reid & anr [2022] WTLR 1103
Autumn 2022 #188William Reid (the deceased) died on 20 March 2018. He left a will dated 20 December 2004 and codicil dated 8 February 2012 (together the will), which appointed the claimants, Nicholas Parsons and Mark Hill (respectively the deceased’s solicitor and land agent), as executors and trustees, and left the residuary estate on discretionary trusts for classes including his children and grandchildren. The defendants, Stephen Reid and Judith Shaw, were the deceased’s children. The deceased also left a letter of wishes which expressed the wish that payments be made to Stephen reflecting various mo...
Clyne v Conlon & ors [2021] WTLR 1231
Winter 2021 #185By his will dated 8 March 2016 (the will) Patrick Conlon (the testator) appointed the claimant, who was his niece, and her sister as executrices and divided his net residuary estate equally between the claimant and his three sons, the defendants. Probate of the will was granted on 19 October 2018 in respect to a net estate of about £516,000. The claimant’s sister was removed as an executrix by an order dated 26 October 2020. The first defendant, who had previously been in business with his father, claimed to be beneficially entitled to one half of 168 Headstone Drive, Harrow and the whol...
Burns v Bean & ors [2021] WTLR 795
Autumn 2021 #184Daisy Bean (Daisy) passed away on 19 July 2017. She had four children, but only three remaining alive at her death. She had a total of 73 descendants at the time of her death including her children, grandchildren, great-grandchildren and great-great-grandchildren. She left a will dated 2 November 2010 (the 2010 will). It provided ‘MY Trustees shall then distribute the balance remaining [ie the residuary estate]… equally among all my children who are alive at my death’. The issue falling to be determined was whether, on its proper construction, the will indicated an intention contrary to ...
Hudman v Morris [2021] WTLR 877
Autumn 2021 #184The claimant was the executrix and one of five residuary beneficiaries of the estate of her late father. The defendant, her brother, was the co-executor and a fellow residuary beneficiary. The claimant brought a Part 8 claim under s50 of the Administration of Justice Act 1985 to remove the defendant as executor and, alternatively, sought an order that the defendant be passed over pursuant to s116 of the Senior Courts Act 1981. The claimant also sought the appointment of an independent administrator and was voluntarily willing to step down as executrix ...
Re Shanavazi [2021] WTLR 1037
Autumn 2021 #184The claimant was the widow of Gohlam Dastagir Shanavazi (the deceased), who had died intestate on 29 December 2011. They had five children of whom four were adults by the time of the hearing. The claimant brought the Part 8 claim on behalf of the youngest child, her minor son Ilyas Firas Shanavazi, who was now 16.
Under German law Ilyas was entitled to a 1/10th share of his father’s estate. The claim was brought to allow the claimant on behalf of Ilyas to enter into a contract of sale of a property in Germany and to convey the property to the purchaser.
The claimant, the de...
Ware v Ware [2021] WTLR 725
Summer 2021 #183The claimant’s father (the testator) died on 21 October 2003 leaving his half share in the matrimonial home and his residual estate to his wife, the defendant, absolutely. On 4 October 2005 the defendant varied those dispositions by a deed of variation which, for inheritance tax purposes, was read back to the date of the testator’s death. The deed of variation created two trusts: the property trust and the will trust.
The property trust held the testator’s half share in the matrimonial property on trust for the defendant for life, with the remainder to the claima...