Lattimer v Karamanoli [2023] WTLR 1433
Wills & Trusts Law Reports | Winter 2023 #193Evi 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 The claimant maintained that the will was revoked by the testatrix’s marriage to him.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 ...
Pead v Prostate Cancer UK & ors [2023] WTLR 1089
Wills & Trusts Law Reports | Autumn 2023 #192James Murray McKay (the deceased) left a will dated 3 August 2016 (the will).
Clauses 4.1 – 4.3 of the will were pecuniary legacies to a number of the deceased’s family members (the family members). Clause 4.1 gifted £50,000 each to the deceased’s stepson and wife, clause 4.2 gifted £10,000 to the deceased’s step great-granddaughter, and clause 4.3 gifted £20,000 each to three step grandchildren.
Clauses 4.4 – 4.8 were legacies to a number of charities (the charities). Clauses 4.4 and 4.5 each gifted £2,000 to Macmillan Cancer Support for the benefit of stated causes, claus...
Da Silva v Heselton & ors [2022] WTLR 1229
Wills & Trusts Law Reports | Winter 2022 #189The will of the late Gladys Townsend contained at clause 11 a charging clause, the relevant part of which was couched in the following words:
‘MY TRUSTEES shall have the following powers in addition to their powers under the general law or under any other provisions of this Will or any Codicil hereto… (g) for any of my Trustees who shall be engaged in any profession or business [to] charge and be paid (in priority to all other dispositions herein) all usual professional and other fees and to retain any brokerage or commission for work or business introduced transacted ...
Sangha v Sangha & ors [2022] WTLR 1561
Wills & Trusts Law Reports | Winter 2022 #189The late Hartar Singh Sangha (Mr Sangha) died on 3 September 2016, leaving a complex family life and a large portfolio of property and other assets in both the UK and India. He had made a large number of wills at various times. The interaction of these instruments produced significant disputes among his family members. Mr Sangha had at some times during his life regarded himself as married to the first respondent (Diljit). At other points, he regarded himself as married to the appellant (Jaswinder).
Four wills made by Mr Sangha were placed before the court. These were as follows:<...
Bracey v Curley & anr [2022] WTLR 419
Wills & Trusts Law Reports | Summer 2022 #187Mr Bracey passed away on 27 May 2018, leaving a will dated 31 July 2015. Under that will, Mr Bracey appointed the second defendant as his executrix and trustee. The grant of probate issued on 16 March 2020 to the second defendant. Mr Bracey had been predeceased by his wife, who, like Mr Bracey himself, had been unwell at the time at which Mr Bracey had executed his will. The case related to a dispute between Mr Bracey’s son (the claimant) and his daughter (the first defendant) concerning the proper construction of the will and whether it should be rectified.
The first issue was wh...
Goodrich & ors v AB & ors [2022] WTLR 525
Wills & Trusts Law Reports | Summer 2022 #187W was the founder of WBL, an internationally renowned publisher of children’s books. In 1989 W instructed solicitors to create an employee trust (WBET) for WBL and transferred 51% of the WBL shares into WBET. The remainder of the shares were divided amongst family trusts established by W.
W died in 1991 and the shares in WBL held by the family trusts were distributed to employees and officers of WBL through a qualifying employee share ownership trust and a share incentive plan. Some of those shares were acquired from employees by the WBL Employee Share Ownership Plan (ESOP).
<...Equiom (Isle of Man) Ltd & ors v Velarde & ors [2022] WTLR 109
Wills & Trusts Law Reports | Spring 2022 #186Under a settlement made in 1974 by the deceased’s father, the deceased became the life tenant of a fund, over which property she had a power of appointment exercisable in favour of her children by deed revocable or irrevocable, or by will. In 1981, by a deed of appointment with effect from her death, the deceased appointed the fund between her three children. By a deed of revocation in 1997, expressed to be supplemental to the settlement and the 1981 deed of appointment, with effect from her death, the fund was appointed on trust for only two of her three children. The deceased made her ...
Burns v Bean & ors [2021] WTLR 795
Wills & Trusts Law Reports | Autumn 2021 #184Daisy Bean (Daisy) passed away on 19 July 2017. She had four children, but only three remaining alive at her death. She had a total of 73 descendants at the time of her death including her children, grandchildren, great-grandchildren and great-great-grandchildren. She left a will dated 2 November 2010 (the 2010 will). It provided ‘MY Trustees shall then distribute the balance remaining [ie the residuary estate]… equally among all my children who are alive at my death’. The issue falling to be determined was whether, on its proper construction, the will indicated an intention contrary to ...
Equiom (Isle of Man) Ltd & ors v Velarde & ors [2021] WTLR 855
Wills & Trusts Law Reports | Autumn 2021 #184The claimants were the trustees of a settlement settled by the deceased’s father. The defendants were the deceased’s three children. Under the terms of the settlement the deceased enjoyed a special power of appointment which could be exercised in respect of property described in the fund, whether by deeds revocable or irrevocable or by will or codicil. The deceased had exercised this power twice. First, by a deed of appointment in 1981, with effect from her death, the deceased appointed the fund between the three defendants. Second, by a deed of revocation in 1997, expressed to be supple...
Thomas v Thomas & ors [2021] WTLR 1091
Wills & Trusts Law Reports | Autumn 2021 #184Elizabeth Thomas (Elizabeth) passed away in 2018, leaving a will dated 30 September 2004. She was survived by her three sons, David, Owen and Gareth, and her 13 grandchildren.
Her will included, among others the following terms:
‘If my husband has [predeceased me]… I leave my property to be divided amongst my sons and their heirs. At present, these are as follows:… Sons — Owen, Gareth and David; their children are Owen/Fay; Gareth/Gwennan and Samuel and Raphael; David/Ellen Christie Thomas and Jens Rhys Thomas… ’
‘The proceeds fro...