Miles v Miles
 A00HS185

WTLR Issue: Winter 2018

The appellant, Matthew Miles, one of the original beneficiaries under the will of the deceased, appealed from the order of district judge Harper dated 16 December 2016. The application before the judge was for reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975 made by Marion Miles, Matthew Miles’ mother...

Wilson v Lassman Neutral citation: [2017] EWHC 85 (Ch)

WTLR Issue: Winter 2018

The claimant sought an order pronouncing against the will of his late father 
Gerald Wilson (the ‘deceased’) dated 9 October 2010, and revoking the grant of 
probate obtained by the defendant, as executor and sole beneficiary. The claimant contended that the will was not validly executed in compliance with s9 of the Wills Act 1837 (the ‘1837 Act’)...

Blackwell Deceased [2017] EWCA 2182 (Civ)

WTLR Issue: Winter 2018

The applicant, Mr Warner, was the unmarried partner of the deceased. Before her 
death they had lived together for 19 years at a property in Tewkesbury. Mr Warner continued to live in this property after her death. Mrs Lewis, the daughter of the deceased, brought a claim in the County Court for possession of the property and for the return 
of certain items under the Torts (Interference with Goods) Act 1977...

HMRC V Parry [2017] UKUT 4 (TCC)

WTLR Issue: Winter 2018

Mrs Staveley established a company known as Morayford with her husband Mr Staveley. She was director of the company, and had a large pension fund with its occupational pension scheme. She divorced from her husband in 2000. Indeed the terms of the divorce, her share of the pension scheme was to be transferred to her...

Re DMM [2017] EWCOP 33

WTLR Issue: Winter 2018

DMM suffered from Alzeimer’s Disease. He wanted to marry his long term partner SD. EJ, one of DMM’s three daughters, brought an application for a declaration as to whether DMM had capacity to marry.


Held:


  1. 1) The fact that a new marriage revokes a will was information a person should be able to understand, retain use and weight to have capacity to marry...

James v James [2018] EWHC 43 (Ch)

WTLR Issue: Winter 2018

The deceased was a self-made man who had operated a farming business and a haulage company in partnership with his wife (the third defendant) and his son (the claimant). Over the course of his life, he purchased a number of parcels of agricultural land in Dorset...

RBC v Stubbs
 Neutral citation: [2017] EWHC 180 (Ch)

WTLR Issue: Winter 2018

The claim was brought to rectify two deeds of revocation and appointment made in 2008 and 2014, or alternatively to rescind them on the grounds of mistake.


Each of the settlor’s adult children had an interest in possession in a one sixth share of the trust fund...