Dunbabin & ors v Dunbabin [2022] WTLR 917
Wills & Trusts Law Reports | Autumn 2022 #188Angela and John Dunbabin purchased a property known as 29 Beverley Place, Springfield, Milton Keynes (the property) in 1983. The conveyance was silent as to the beneficial interests though it contained a declaration that either of the purchasers could give a valid receipt for capital money arising on a disposition of land. With the assistance of Terry Oldfield, a professional will writer, they executed ‘mirror’ wills giving their own share of the property to trustees upon trust for sale and to hold the net rents and profits and the net income from the sale proceeds in trust for the other...
National Westminster Bank plc v Lucas & ors [2016] EWHC 1934 (Ch)
Wills & Trusts Law Reports | October 2016 #163The bank, which was the executor of the estate of Jimmy Savile, sought the approval of the court to the making of final distributions out of the estate to numerous individuals (PI claimants) who had applied for compensation under a scheme designed to notify, process and settle claims without formal case management in court (scheme). As well as claims against the bank, many of the PI claimants had parallel claims against third parties including the BBC, NHS, Barnardos and MIND. The scheme, which had been opposed by the first and second defendants acting as the trustees of the Jimmy Savile...
Muckian & anr v Hoey & ors [2014] NICh 11
Wills & Trusts Law Reports | September 2014 #142The deceased had died suddenly without making a will, with his wife, the first defendant, being appointed as the administratrix of his estate. Disagreement arose in relation to the administration of the estate, and the plaintiffs, two of the deceased’s daughters, issued proceedings pursuant to Art 35 of the Wills and Administration Proceedings (Northern Ireland) Order 1994, seeking removal of the existing administratrix and the appointment of a neutral professional person as administrator.
Held
Removing the first defendant as administratrix and app...
Scarfe & anr v Matthews & ors Claim number: HC12C0096
Wills & Trusts Law Reports | November 2012 #124Bernard Trevor Matthews (testator) died on 25 November 2010 and was survived by the defendants, who were his son, longstanding partner and three adopted children respectively. His estate included a property in France called Villa Bolinha estimated at €15m and property elsewhere estimated at £40m. Although (as he was aware) French law only permitted the testator to leave the second defendant 25% of Villa Bolinha since his children were as of right entitled to 75%, he made a will in France (French will) leaving it to her absolutely. By a letter of wishes, he nevertheless hoped that his chi...
Khan v Crossland
Wills & Trusts Law Reports | June 2012 #120Dennis Griffiths (testator) died on 30 October 2008 leaving an estate worth about £430,000. By his last will, made nine years previously, the testator had appointed as his executors two partners in a firm of will writers known as ‘Will Drafters’ (respondents). The sole beneficiaries were the testator’s two stepchildren, Ruth Savidge and David Khan (applicant). The respondents initially proposed to charge 3-4% of the value of the estate to carry on its administration and the beneficiaries, who had already reached an informal agreement as to how to deal with the estate, i...
Lane v Cullens Solicitors & ors [2011] EWCA Civ 547
Wills & Trusts Law Reports | December 2011 #115The claimant was the brother of the deceased. She died intestate on 22 January 1997. The claimant became her personal representative pursuant to a grant of letters of administration made on 2 August 2000. The claimant was entitled to one third of the deceased’s estate there being two other stirpital branches of the family. One such branch was represented by the claimant’s brother. The claimant’s niece who was entitled to one sixth of the deceased’s estate intimated a claim that she was entitled to the deceased’s home. She did this in October 1998. The claimant, while being advised by sol...
Morris v Davies & ors [2011] EWHC 1773 (Ch)
Wills & Trusts Law Reports | November 2011 #114Owen Robert Treharne Davies (deceased), by his last will, dated 30 March 1996, appointed the claimant and his girlfriend as executors and, subject to a letter of wishes concerning the administration of his affairs, left his entire estate to an uncle, the fifth defendant. At that time, the deceased had fallen out with most members of his family over a dispute concerning the administration of his grandfather’s estate. Their religious views were divergent and he did not want them to be involved in his affairs or funeral after his death. He was then working for Land Rover in England and had ...