Williams & anr v Russell Price Farm Services Ltd [2020] EWHC 1088 (Ch)

WTLR Issue: Summer 2020

The claimants were the executors of the will of Mr Russell Price, who died on 8 March 2020. Mr Price had been the sole shareholder and director of the defendant company. 90% of the shares in the defendant company and the residuary estate were left to the deceased’s daughter, Ms Lucy Price, who had been appointed the defendant company’s secretary on 27 January 2020...

Re H [2020] EWHC 1134 (Fam)

WTLR Issue: Summer 2020

The claimant daughter brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for provision out of the estate of her late father. The sole beneficiary of his estate was his widow, who was in residential care with severe health concerns, but who had been debarred from defending the proceedings by reason of non-compliance with earlier court orders...

Goss-Custard & anr v Templeman & ors  [2020] EWHC 632 (Ch)

WTLR Issue: Summer 2020

Lord Templeman, who was a former member of the Judicial Committee of the House of Lords, was the father of the second and third defendants and the father-in-law of the first defendant. In 1996 he was remarried to a distant cousin, Sheila Edworthy, and moved home to live with her in a property called Mellowstone, Exeter, which she had inherited from her second husband, John Edworthy...

A v B & ors FSD 56 of 2019 (RMJ)

WTLR Issue: Summer 2020

The plaintiff trustees of a discretionary trust governed by Cayman law sought a declaration concerning the power of variation conferred by the trust instrument, and which was in the following terms:

‘The Trustees may, with the consent of the Settlor during his lifetime, at any time and from time to time by instrument in writing vary, add to, revise or modify, the terms and conditions of this Settlement except that no such amendment may be made which either changes any Beneficiary hereunder or alters that [sic] terms of clause (I) of subsection 3...

Hartogs v Sequent [2019] EWHC 1915 (Ch)

WTLR Issue: Summer 2020

The first defendant was trustee of two trusts established by the claimant and named The Milky Way Settlement Trust (Milky Way) and the Mercurius Settlement (Mercurius). Each of the second and third defendants was a company wholly owned by the first defendant as trustee...

Horsford v Horsford [2020] EWHC 584 (Ch)

WTLR Issue: Summer 2020

The claimant and her husband owned and farmed College Farm in Cambridgeshire. They had three children – two daughters and one son. The defendant, who was their son, owned and farmed the adjoining Whitleather Lodge Farm and had joined his parents’ farming partnership on an equal basis...

HSBC v Tan Poh Lee & ors FSD 175 of 2019 (IJK)

WTLR Issue: Summer 2020

The plaintiff trustee applied for Beddoe relief authorising it to defend proceedings brought by one of the secondary beneficiaries of the trust in the Singapore High Court to terminate the trust. It sought permission to defend both on the substance and to challenge the Singapore court’s jurisdiction on the ground of forum non conveniens, since the trust was governed by Cayman law and the Cayman Islands was the forum for administration of the trust...

Re JBN [2019] EWCOP 62

WTLR Issue: Summer 2020

The Public Guardian applied to revoke a lasting power of attorney (LPA) for property and affairs appointing DN as attorney for his father, JN. The application was brought on the basis that the Public Guardian was concerned that DN had not acted in JN’s best interests by selling JN’s residence and transferring most of the proceeds to himself (DN), and by mixing their finances by operating a joint account...

GAAR Opinion notice issued on 2 March 2020

WTLR Issue: Summer 2020

By a referral dated 28 October 2019 HMRC referred to the GAAR Advisory Panel arrangements made by B as executor of the estate of his late mother, A, who died in April 2015. Four months before her death A incorporated a company, funded by £700,000 of share capital...