Chopping v Cowan & anr [2023] WTLR 1237

Winter 2023 #193

The deceased died on 2 July 2008 leaving a will dated 6 December 2007. The claimant was the deceased’s daughter who was the beneficiary of the residue of the deceased’s estate. The defendants were the deceased’s executors who had acted as the deceased’s solicitor and tax adviser during his life. The will contained a charging clause. The estate had a gross value of £3,814,818. The first defendant had charged legal fees of £78,818.12, and other professional fees from solicitors and tax advisers had also been incurred totalling around £100,000. The claimant challenged the fees borne by the ...

Gelber & anr v The Sutherland Foundation & ors [2019] WTLR 29

Spring 2019 #174

The claimants and two of the defendants were all grandsons of the 11th Duke of Marlborough and beneficiaries of a settlement made on 13 October 1981. The trustees of the 1981 settlement are a Guernsey foundation and one of its council members. The foundation was not a trust corporation within the meaning of s68(18) Trustee Act 1925.

Amongst the trust assets were 166 acres of land at Woodstock, Oxfordshire which in 2018 was granted planning permission for residential development, subject to a condition that the trustees give a binding covenant to make a heritage contributi...

Sylvester v Sylvester HC11C00458

January/February 2014 #136

The deceased was born in Carriacou on 20 July 1925. She married her husband in 1953. He moved to London for work in the 1950s. She joined him in 1957. She died in London on 18 February 2008 aged 82, leaving a will dated 7 October 2007. The court had to decide whether she was domiciled in Carriacou or London at the date of her death in order to establish if it had jurisdiction to entertain a claim by the claimant pursuant to the Inheritance Act 1975 for reasonable financial provision out of the estate. The issue of domicile was ordered to be tried as a preliminary issue by an ord...

Zarrinkhat v Kamal & ors HC12F02461

October 2013 #133

Iranian born Mrs Theodore (the testatrix) died domiciled in England on 18 February 2009. She left a will dated 29 October 2002 which distributed her £573,000 estate primarily between her adult niece and son (the first and fourth defendants). She also left a legacy of £50,000 to her then 51- year-old daughter (Ms Zarrinkhat).

Ms Zarrinkhat did not consider that reasonable financial provision for her maintenance had been made under the will and sought to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act). However she attempted to do...