Lattimer v Karamanoli [2023] WTLR 1433

Wills & Trusts Law Reports | Winter 2023 #193

Evi Kalodiki (the testatrix) passed away on 31 December 2018, having executed a purported will dated 27 December 2018 (the will) and married the claimant on 28 December 2018. The claimant maintained that the will was revoked by the testatrix’s marriage to him. The defendant was the testatrix’s sister and was named as a beneficiary in the will.

By an application to the Central Family Court, the defendant sought a declaration under s55 of the Family Law Act 1986 in respect of the status of the marriage, contending, among other things, that the marriage was invalid ...

Kekwick v Kekwick & anr [2023] WTLR 579

Wills & Trusts Law Reports | Summer 2023 #191

The claimant’s mother settled a trust by way of a trust deed dated 29 April 1985. The trust was originally a discretionary trust with the claimant and his mother as trustees and a wide class of beneficiaries. The only asset of the trust was the family home in Surrey (the property). The trust was a discretionary trust during the claimant’s mother’s lifetime, with an absolute trust in favour of the claimant on her death. By a deed dated 30 June 2008, the first defendant (the claimant’s cousin) and the second defendant (a solicitor) were appointed as trustees.

The claimant’s mother d...

Haastrup & anr v Haastrup & anr [2018] WTLR 445

Wills & Trusts Law Reports | Summer 2018 #172

The second defendant company was the registered proprietor of property in England. It was dissolved in 2003, and the property was subsequently sold by the Crown as bona vacantia in July 2012. In October 2012 the deceased, who had been the sole shareholder and director of the second defendant, died. The first claimant claimed to be his widow and a beneficiary upon intestacy. The second claimant was the deceased’s son and beneficiary of a will. The first defendant claimed to be the son of the deceased, but paternity was disputed.

In 2013 the first defendant applied to resto...

Sidney and North v British Columbia 2016 BCSC 589

Wills & Trusts Law Reports | January/February 2017 #166

The petitioner, a non-profit society, became the trustee (T) of a charitable purpose trust of land and premises. T sought construction and amendment of the trust deed.

The trust deed provided, inter alia, that a certain portion of the land in the trust known as the Cenotaph Area be held in trust as a site solely for the purposes of a memorial cairn for Canadian soldiers killed in World War I. If any part of the lands in the trust were expropriated, the trustee was to use any expropriation proceeds to purchase other land and hold the balance of the proceeds in trust for th...

Fielden v Christie-Miller & ors [2015] EWHC 2940 (Ch)

Wills & Trusts Law Reports | December 2015 #155

This hearing was part of the dispute over the succession to the Swyncombe Estate in Oxfordshire (see also [2015] WTLR 1165, [2015] EWHC 752 (Ch)). This hearing concerned three applications by Stephen Christie-Miller (Stephen) to re-plead his case.

The estate, which consists of land in and Swyncombe, is in two parts. One part is held upon the trusts of a settlement dated 18 February 1976 (the settlement) executed by Charles Wakefield Christie-Miller (Charles). The other part is held upon the trusts declared by the will of Charles’ son, William John Christie-Miller dated 15 March 19...

Amendment: Pleading awful

Verity Altaras discusses the court’s approach to amending particulars of claim in light of the Jackson reforms ‘The willingness to meet the costs and belief in the indispensability of the amendment is not enough. The success of the application to amend hinges on the unearthing of the “real dispute” between the parties and the strength …
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