Alizade & ors v Kudlick [2023] WTLR 795

Wills & Trusts Law Reports | Autumn 2023 #192

Mr Kudlick, a chartered accountant and the defendant, was a trustee of the Marian Miller Settlement from 1973 and was later an executor and trustee of the estates of Marian Miller’s late parents, Harold Miller, who died on 29 December 1984, and Ethel Miller, who died on 26 December 1987. With his co-executor Mr Levy, Mr Kudlick was responsible as executor for the administration of the estates of the late Harold and Ethel Miller. He and Mr Levy were trustees of three trusts, the property of which comprised one-quarter of Harold’s and one quarter of Ethel’s residuary estates, together with...

James v Scudamore & ors [2023] WTLR 961

Wills & Trusts Law Reports | Autumn 2023 #192

The deceased died on 21 June 2010. His will, dated 6 March 1998, gave a life interest in the matrimonial home to his second wife, with remainders to the claimant and his brother, who were children of the deceased’s first marriage. A codicil, dated 26 December 2002, replaced the life interest with an absolute gift to the second wife. The deceased’s second wife obtained probate, relying on a copy of the codicil as the original could not be found, and administered the estate. The second wife made a will by which 70% of her residuary estate went to her sister, and 30% to the claimant’s three...

Chimelu v Egemonye & ors (1) [2023] WTLR 17

Wills & Trusts Law Reports | Spring 2023 #190

The claimant had been married to the deceased for 11 years. The deceased took her own life on 11 April 2017. The claimant and the first and second defendants, the deceased’s siblings, were appointed executors of the deceased’s 2015 will. Probate was granted in April 2018. The estate was valued at around £130,000.

On 27 August 2019, the claimant was removed as an executor of the 2015 will by the court. The claimant brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of the deceased on 21 November 2019, which was opposed b...

Chimelu v Egemonye & ors (2) [2022] WTLR 23

Wills & Trusts Law Reports | Spring 2023 #190

The claimant had been married to the deceased for 11 years. The deceased took her own life on 11 April 2017. The claimant and the first and second defendants, the deceased’s siblings, were appointed executors of the deceased’s 2015 will. Probate was granted in April 2018.

On 27 August 2019, the claimant was removed as an executor of the 2015 will by the court. The claimant brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of the deceased on 21 November 2019, which was opposed by the first and second defendants. The thi...

Lomax & ors v Greenslade [2019] WTLR 171

Wills & Trusts Law Reports | Spring 2019 #174

The three adult children of a Mr Lomax brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against Ms Greenslade, the sole executor and beneficiary of Mr Lomax’s estate.

At trial HHJ Bailey concluded that the estate, which comprised a single property in London valued at £699,000, failed to make reasonable provision for the three children. He decided that Ms Greenslade should receive £69,000, being the sum of £20,000 which the deceased intended to give her under a draft will that was never executed, and the sum of £49,000 to cover the costs...

Delay: Proceed to go

Helen Cort discusses how economic uncertainty can impact on the divorce rate, and the potential pitfalls that may be encountered if divorce proceedings are delayed until more certain times ‘It is vital for spouses to seek advice on the tax implications of separation, divorce and any proposed settlement at the earliest opportunity.’ It may be …
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Delay: Measuring time

Matthew Taylor looks at delay in financial proceedings and the more generous approach taken by the court in Briers v Briers ‘The judgment in Briers makes it clear that a delay in launching an application does not prevent the court making an award on a sharing basis.’It seems that, much like buses, you wait an …
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Beckett & anr v McMillan & anr [2015] NICh 8

Wills & Trusts Law Reports | September 2015 #152

Beatrice Maeve Beckett was born on 15 March 1939. She married the late Raymond Walter Beckett (the deceased) on 6 August 1958. They had two sons. They eventually separated, after a series of what Mrs Beckett described as the ‘lengthy adulterous relationships’ on the part of the deceased.

The deceased eventually began cohabiting with Evangeline Jemima Herd, and they were living together as man and wife at the time of his death on 27 May 1997. He left a will of 8 February 1996 under which the entirety of his estate passed to Ms Herd.

Mrs Beckett issued proceedings...

Muckian & anr v Hoey & ors [2014] NICh 11

Wills & Trusts Law Reports | September 2014 #142

The 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...