Macintyre & anor v Oliver & ors [2018] EWHC 3094 (Ch

WTLR Issue: Spring 2019 #174

1. STUART ALEXANDER JAMES MACINTYRE

2. CHRISTOPHER JOHN HUGO

V

1. VICTORIA BARON OLIVER (as personal representative of the estate of Enid Simpson, deceased)

2. VICTORIA BARON OLIVER

3. SOUTHERN HEALTH NATIONAL HEALTH SERVICE TRUST

4. BARTS HEALTH NATIONAL HEALTH SERVICE TRUST

5. ST ANDREW'S CHURCH, BROUGHTON

6. DORSET HEALTHCARE NATIONAL HEALTH SERVICE FOUNDATION TRUST

7. ASHLEY CANNON (as executor of the estate of Edwin Oliver Hamblen-Thomas)

Analysis

The claimants were the trustees of the trusts arising under the wills of Violet Hamblen-Thomas (Violet) and Charles Hamben-Thomas (Charles). They had issued a Part 8 claim form seeking the guidance of the court as to the true construction of the will trusts and as to the identification of the beneficiaries, represented by the defendants. Apart from her only son, Edwin Hamblen-Thomas (Edwin), Violet had a life-long friend, Enid Simpson, whose daughter was the first and second defendant (Victoria). Violet, by her will dated 16 December 1968 (Violet’s will), gave Charles a life interest in her freehold property known as Mottisfont House and, subject thereto, directed her trustees to hold her estate upon protective trusts for Edwin during his life and after his death upon trust for all or any of his children who attained the age of 21 years. In the event of Edwin dying without leaving children, the trustees were directed to hold the estate (subject to the payment of a pecuniary legacy) on trust for Enid absolutely but in the event of her predeceasing Violet then on trust for Victoria absolutely. Violet died on 22 June 1973. Charles, by his will dated 6 September 1982 (‘Charles’ will’), gave his property known as 41 Abbey Meads, Romsey upon trust to divide the same equally between (i) the Special Trustees for St Bartholomew’s and St Mark’s Hospitals to establish a fund in the name of Violet for the treatment at St Bartholomew’s Hospital of children under the age of six years and (ii) the Chest Heart and Stroke Association Tavistock House for the benefit of the Romsey Open Gate Stroke Club. Subject thereto, he directed his trustees to hold his net residuary estate upon trust for Edwin during his lifetime and on his death to be divided into three parts between (i) the Romsey Cottage Hospital and the Blandford Hospital, (ii) the Church of the Parish of Mottisfont Hampshire and (iii) St Bartholomew’s Hospital for the benefit of the maternity ward with specific directions as to its application in memory of Violet. Charles died on 5 April 1983. Enid died on 4 September 1998. Edwin died, childless, on 14 August 2014.

Counsel details

Justin Holmes (Radcliffe Chambers, 11 New Square, Lincoln’s Inn, London WC2A 3QB, 020 7831 0081, clerks@radcliffechambers.com) instructed by Knocker & Foskett (The Red House, 50 High Street, Sevenoaks, Kent, TN13 1JL, 01732 459931) for the claimants. Josh Lewison (Radcliffe Chambers, 11 New Square, Lincoln’s Inn, London WC2A 3QB, 020 7831 0081, clerks@radcliffechambers.com) instructed by Bircham Dyson Bell LLP (50 Broadway, Westminster, London SW1H 0BL, 020 7227 7000) for the fourth defendant.

Cases referenced

Cases in bold have further reading - click to view.

Legislation referenced

Legislation in bold has further reading - click to view.

  • National Health Service Act 2006, s25 & sch 4
  • Wills Act 1837, s3