Archibald & anr v Stewart & anr [2024] WTLR 1
Wills & Trusts Law Reports | Spring 2024 #194Rosemary and Malcolm were the adoptive parents of Neil and his younger brother Michael. Neil married Julie in 1999 and they had two children, who were young adults by the time of the hearing. Rosemary died on 10 June 2014 and Malcolm on 14 January 2021. Neil died on 25 June 2023 after proceedings had been issued.
Rosemary and Malcolm made wills in similar terms on 26 May 2009. Rosemary made a codicil dated 23 May 2014. Both left pecuniary legacies with the residue to be held under discretionary trusts for three classes of beneficiaries: a) the surviving spouse; b) their children a...
Dignam-Thomas & anr v McCourt & anr [2024] WTLR 105
Wills & Trusts Law Reports | Spring 2024 #194The claimant sisters (aged 61 and 68) applied under the Inheritance (Provision for Family and Dependants) Act 1975 for provision out of the estate of their late father. The sole asset in the estate was the deceased’s home in which his son and sole beneficiary of his will, the second defendant (aged 72), continued to reside. The second defendant did not engage with the proceedings despite repeated service of court orders and correspondence, and concerns were raised as to his capacity to litigate. Trials were twice adjourned for capacity assessments to be undertaken, but the secon...
Nandakopan v Nandakopan [2024] WTLR 217
Wills & Trusts Law Reports | Spring 2024 #194The deceased died intestate in 2020 with an estate worth around £120,000. He had married the claimant in January 1993, and they had a daughter, the defendant, in November 1993. They had an unhappy marriage and little family life, although they all continued to live together. In 2014, the deceased transferred the matrimonial home from his sole name to the joint names of him and the defendant as beneficial joint tenants, such that on his death his share of the property passed to the defendant. The property was worth around £450,000. In 2017, the claimant brought proceedings against the dec...
Larsen & anr v Annan [2023] WTLR 1023
Wills & Trusts Law Reports | Autumn 2023 #192The deceased, George, was the father of the three parties. He died leaving a will dated 26 March 2013. It made a gift of £10,000 to each of his three children, with the residue being left to his wife Lilly. In the event she predeceased him (as happened) it was left to his daughter Heather, the defendant, absolutely. It also appointed Heather as executrix. The estate was valued at approximately £480,000.
It was clear from the attendance notes surrounding the drawing up of the will that the deceased did not regard the claimants as having behaved well. Wayne had killed his niece’s pa...
Kaur v Singh & ors [2023] WTLR 569
Wills & Trusts Law Reports | Summer 2023 #191Mr Karnail Singh (the testator) died on 21 August 2021. The claimant was his wife. They had been married since 1955 and had seven children (one of whom was deceased). All of the children were adults. The claimant had played a full role in the marriage both as wife and working in the family business without receiving a stake in it or a salary. The claimant was financially dependent on the testator who met all family outgoings. The testator’s estate was estimated to be worth about £1.9m, the entirety of the family wealth having been built up during the marriage.
The claimant was 83 ...
Kekwick v Kekwick & anr [2023] WTLR 579
Wills & Trusts Law Reports | Summer 2023 #191The 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...
Fennessy v Turner & anr [2022] WTLR 1295
Wills & Trusts Law Reports | Winter 2022 #189The claim concerned the estate of Hazel Valerie Fennessy who had died on 2 February 2020 at the age of 78. The claimant was the deceased’s son. The deceased’s other child, Heidi, predeceased her by approximately six weeks.
The deceased’s will dated 24 January 2012 left her entire estate to Heidi and appointed her as sole executrix. It provided that if Heidi predeceased then the whole estate was left to the defendant, June Turner, who was also appointed as sole executrix.
Probate was granted on 26 October 2020. The value of the estate was stated as £342,075 (gross) and £336,...
Johnston v Wackett [2022] WTLR 575
Wills & Trusts Law Reports | Summer 2022 #187Sidney Albert Johnston (the deceased) died on 27 March 2017. In prior proceedings, the deceased’s son, Colin Johnston (Colin), had brought a successful claim against the deceased’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act claim).
Following trial of the 1975 Act claim, Colin received a lump sum award of £125,000 (the award) and an order for costs.
A point of importance in the 1975 Act claim had been historic litigation between Colin and the deceased. This had resulted in a costs order being ...
Higgins v Morgan & ors [2022] WTLR 153
Wills & Trusts Law Reports | Spring 2022 #186The claimant, Mr Higgins, brought a claim for reasonable provision out of the estate of the deceased, under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act), in his capacity as a person who, although not a child of the deceased, was treated by the deceased as a child of the family, within the meaning of s1(1)(d) of the 1975 Act. Mr Higgins’ mother had married the deceased when he was aged nine, and he had continued to reside with the deceased after his mother and the deceased divorced, at which time the deceased had been gr...
Rochford v Rochford [2021] WTLR 951
Wills & Trusts Law Reports | Autumn 2021 #184The claimant was the daughter of the deceased and the defendant was the sister of the deceased. The deceased had made a will dated 13 September 2017. By that will the deceased had left £25,000 each to the claimant, the claimant’s son and another sister of the deceased. The remainder was left to the defendant.
The net estate was valued at around £245,000. The defendant stood to receive approximately £193,000 less legal fees.
In 1968 the deceased had separated from the claimant’s mother. Thereafter the claimant had a difficult relationship with the deceased. Prior to the birt...