Todd v Parsons [2020] WTLR 305

Wills & Trusts Law Reports | Spring 2020 #178

T died in 2009, aged 96 years, leaving two adult children, her son, who was the claimant (C), and her daughter, who was the third defendant (D3). By a will document dated 25 September 2008, T appointed the first defendant (D1) and the second defendant (D2) as her executors. D1 was the daughter of D3 and T’s only grandchild. D2 was the solicitor who drafted the will document. Both remained neutral in the proceedings.

In June 2017, C brought a claim for probate in solemn form of the will document and for an order removing D1 and D2 as executors and appointing an independent personal...

The Public Guardian v DA & ors [2018] EWCOP 26

Wills & Trusts Law Reports | Spring 2019 #174

The Public Guardian filed a number of applications under s23 and schedule 1, para 11 of the Mental Capacity Act 2005 (the 2005 Act) in two test cases seeking the court’s guidance as to whether or not it was appropriate to register, with or without amendments, instruments purporting to create a lasting power of attorney (LPA).

In the first series of cases the applications concerned provisions in LPAs for personal welfare which contemplated euthanasia or assisted suicide by the attorneys. In some cases, the provisions were expressed in mandatory terms which appeared to render them ‘...

Akhter v Khan [2018] EWFC 54

Wills & Trusts Law Reports | Autumn 2018 #173

Mrs Akhter (A) and Mr Khan (K) underwent an Islamic marriage ceremony in England in 1998. They then considered themselves husband and wife and were treated as such by their families, community and state authorities. They had four children. Despite requests by A no civil ceremony was ever undertaken. The parties lived in Dubai between 2005 and 2011 and were treated as married by the UAE authorities, to whom they presented their Islamic marriage certificate.

A petitioned for divorce in 2016. K applied to strike out the petition on the basis that the parties had not entered a valid m...

Sharp v Hutchins [2015] EWHC 1240 (Ch)

Wills & Trusts Law Reports | September 2015 #152

Mr Butcher was born on 4 October 1939. He lived alone in a bungalow at 42 Russell Road, Enfield, London. He had no surviving parents and no children. He was close to his only sibling, Yvonne Butcher, with whom he lived. She died in 2002. Mr Butcher died on 5 May 2013 aged 73. He left a net estate worth £482,295.00. He was in good physical and mental health at the time of his death.

It was likely that in 1991 Mr Butcher had made a will which left his estate to Yvonne. In 2003, he made a new will following her death (‘the 2003 will’). He did so without the involvement of...

Oakhurst & ors v Blackstar (Isle of Man) Ltd & anr [2012] EWHC 1131 (Ch)

Wills & Trusts Law Reports | September 2012 #122

The first claimant (the principal employer) set up employee retirement benefit schemes (ERBS) for three of its directors, the second to fourth claimants on 23 November 2007, under which the directors were each members of their own schemes. The first defendant, Blackstar (Isle of Man) Ltd (Blackstar) was the trustee for all three schemes. Under the ERBSs, the trustees were given an express power that they could exercise by lending all of the trust fund to the member or other beneficiary on uncommercial terms, and in each case Blackstar received some £2m from the principal employer and it ...