Tish & ors v Olley & ors [2018] WTLR 327
Spring 2018 #171The claimants, the former wife of the deceased and their children by that marriage, brought claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Following the breakdown of the marriage between the first claimant and the deceased, in 2007 a consent order was made by the Principal Registry of the Family Division disposing of the first claimant’s ancillary relief application. That order provided, inter alia, that the deceased would pay £11,000 a year in respect of the children of the marriage until they attained the age of 18 years or, ...
RBC Trustees (CI) Ltd & ors v Stubbs & ors [2018] WTLR 1399
Winter 2018 #170The claim was brought to rectify two deeds of revocation and appointment made in 2008 and 2014, or alternatively to rescind them on the grounds of mistake.
Each of the settlor’s adult children had an interest in possession in a one sixth share of the trust fund. In 2004, in order to ensure that no inheritance tax was payable upon their one sixth share of the trust fund as a result of their deaths, the trustees appointed successive life interests for the spouses of two of these children, Michael and Joanna. Unfortunately, both Michael and Joanna’s marriages ended in divorce. The tr...
Hood v HMRC [2017] WTLR 999
Autumn 2017 #169Lady Hood was the lessee of premises at 67 and 67A Chelsea Square, London SW3 (premises) which had been granted by Viscount Chelsea and Chelsea Land & Investment Company Ltd and Cadogan Holdings Company (Cadogan) on 21 September 1979 for a term due to expire on 25 December 2076 (head lease). By licence granted by Cadogan a reversionary sub lease of the premises was granted by Lady Hood to her sons on 19 June 1997 to commence on 25 March 2012 and to expire on 22 December 2076 (sub lease). Lady Hood as sub-lessor and her sons as sub-lessees respectively covenanted to perform and observ...
Hand & anr v George & anr [2017] EWHC 533 (Ch)
Summer 2017 #168By his will dated 6 May 1946 Henry Hand (testator) directed his trustees to hold his residuary estate upon trust as to one equal third part (Kenneth’s share) to pay the income thereof to his son Kenneth Hand during his life and on his death as to both capital and income thereof for such of his children as attained the age of 21 years and if more than one in equal shares. In default of children, Kenneth’s share was directed to pass to the testator’s children, Gordon Hand and Joan George. The testator died on 9 June 1947 survived by all three children. Gordon Hand died without issue on 15 ...