Gardiner v Tabet & anr [2020] EWHC 1471 (Ch)

Autumn 2020 #180

By a will dated 29 May 2017 (the will), Eric Tabet (the testator) gave the whole of his estate to the claimant. The testator, who suffered from long-standing mental illness, had recently been diagnosed with a brain tumour. The will, which was in accordance with the testator’s long-held testamentary intentions, was drawn up by Mr Jamal Hammoud, his close friend for 30 years. He is said to have prepared the will in accordance with those instructions, to have read it aloud to the testator and to have witnessed his signature of it together with another friend, Mr Moshin Lakhim. The testator ...

Bashir v Bashir [2019] EWHC 1810 (Ch)

Web Only

Gaskin v Chorus Law Limited [2019] EWHC 616 (Ch)

Autumn 2019 #176

The claimant ‘C’ and second defendant ‘D2’ were two of the children of the deceased, who appeared to have died intestate in 2012. They appointed a probate company ‘D1’ to administer the estate, who took a grant under a power of attorney from D2 in 2013. By 2016, the estate had not been administered and C believed D2 was living in the deceased’s property, so C issued a claim to remove Ds as administrators and for D2 to pay an occupation rent. D1 consented to be removed, but on terms that its fees would be paid. D2 agreed to D1 being removed, but n...

Sheffield v Sheffield [2018] EWHC 2360 (Ch)

Spring 2019 #174

Following judgment upholding claims for various breaches of trust (Sheffield v Sheffield & ors [2014] WTLR 1039, [2013] EWHC 3927 (Ch)), the judge ordered accounts, on the footing of wilful default, and inquiries consequent upon the judgment. The accounting parties were the executors of (and standing in the shoes of) a defaulting trustee (“A”) and the individual who benefited from the breaches of trust (“B”). Agreement was reached in respect of certain accounts and the claimant (“C”) pursued other accounts and inquiries, in respect of vari...

Payne v Taylor [2019] EWHC 2347 (Ch)

Winter 2019

By his will the deceased, who died in November 2010, left his estate as to one half to his widow. She, by a deed of variation complying with s142 Inheritance Tax Act 1984 ( ‘IHTA ‘) ,varied the will in order to settle her half share on a discretionary trust of which the beneficiaries were herself, her children and remoter issue. The trust included a power of appointment in favour of the beneficiaries.

In 2012, the widow was in need of additional income. The trustees proposed making an appointment to the widow giving her an irrevocable life interest i...

Proles v Kohli [2018] EWHC 767 (Ch)

Web Only