Denaxe Ltd v Cooper & anr [2023] WTLR 1279
Winter 2023 #193The appellant, formerly known as Blackpool Football Club (Properties) Ltd, was the majority shareholder in Blackpool Football Club Ltd (BFCL) (which operated the football club business) and was the owner of other assets including the football stadium at which games were played (the footballing assets). A dispute broke out between the appellant and its owner and controller, Mr Oyston, on the one hand and VB Football Assets (VB), which was a minority shareholder in BFCL, on the other hand. This led to an unfair prejudice petition being issued and VB succeeded in obtaining a buy-out order f...
Harvey & anr v Van Hoorn [2023] WTLR 1323
Winter 2023 #193This was a claim for an order under the Variation of Trusts Act 1958, or alternatively a direction that the trustees of a settlement be at liberty to implement an arrangement involving the release and reimposition of certain powers. The claimants were the only trustees of the trust, and were also, respectively, the widow of the settlor, who had become the trust’s life tenant upon his death, and the settlor’s only child, who was also one of the objects of a discretionary power of appointment under the trust. They were concerned about the capital gains tax consequences that would ensue if ...
Hughes v Pritchard & ors [2023] WTLR 1335
Winter 2023 #193Evan Hughes (the deceased) left wills dated 7 August 2005 (the 2005 will) and 7 July 2016 (the 2016 will). Much of the deceased’s estate consisted of agricultural land, including 58 acres of farmland known as Yr Efail.
The deceased was survived by two children, Gareth and Carys, having been pre-deceased by a third, Elfed. Elfed was survived by a widow, Gwen, and three children: Stephen, Siôn and Geraint.
Under the 2016 will, but not the 2005 will, Yr Efail was gifted to Gareth.
Gareth claimed to propound the 2016 will in solemn form. Gwen and Stephen counterclaimed t...
Jones & ors v Jones [2023] WTLR 1371
Winter 2023 #193The deceased died on 16 September 2021 leaving what purported to be a will dated 4 July 2021. It was signed by her and witnessed by a neighbour and a chartered accountant. It appointed the defendant, her daughter, as executrix and beneficiary of her entire estate.
The deceased’s other surviving children (the first claimant and the second claimant) and the children of a deceased child of the deceased (Vicky) (the third to sixth claimants) challenged the will on the grounds of lack of testamentary capacity, lack of knowledge and approval, and undue influence by the defendant over th...
Laird v Simcock & ors [2023] WTLR 1393
Winter 2023 #193The deed was intended to appoint a life interest in the assets not attracting IHT relief to the deceased’s widow, the first defendant. The interest so appointed would then qualify for the spousal exemption. Due to the wording of the deed however it appointed an interest in all of the trust assets, not merely those which did not qualify for IHT relief.
The claim was issued for rectification of the deed. The claim was adjourned with directions at the first hearing, the Master expressing the view that the evidence was insufficient to sustain the rectification claim. Further evidence ...
Lattimer v Karamanoli [2023] WTLR 1433
Winter 2023 #193Evi Kalodiki (the testatrix) passed away on 31 December 2018, having executed a purported will dated 27 December 2018 (the will) and married the claimant on 28 December 2018. The claimant maintained that the will was revoked by the testatrix’s marriage to him. The defendant was the testatrix’s sister and was named as a beneficiary in the will.
By an application to the Central Family Court, the defendant sought a declaration under s55 of the Family Law Act 1986 in respect of the status of the marriage, contending, among other things, that the marriage was invalid under s3 of the Ma...
Lumb v Lumb [2023] WTLR 1459
Winter 2023 #193This was an appeal against the decision of Deputy District Judge Whitehead dated 13 December 2022, whereby he made no order as to costs but granted the claimant permission to appeal following his successful summary judgment application, by which the claimant had sought and obtained pronouncement in solemn form in favour of the validity of the will of his mother, Ina Margaret Lumb (deceased), and ancillary orders. The learned judge found that the usual costs rule that costs follow the event did not apply because it was displaced by CPR r57.7(5)(b) under which the court would not make an o...
McLean & ors v McLean [2023] WTLR 1495
Winter 2023 #193In 2017 a husband and wife executed mirror wills leaving their respective estates to the survivor and the residue to their four children in equal shares. In March 2019 the husband died and the wife inherited his estate. In August 2019 the wife executed a new will leaving her entire estate to one son, the defendant in the proceedings. She died 11 days afterwards. The three remaining children argued that the 2017 wills were mutual and that the wife’s estate was therefore held on trust for them equally. They relied on a conversation between the husband and wife and their solicitor where, in...
Rea v Rea & ors [2023] WTLR 1509
Winter 2023 #193The dispute concerned which will of the deceased, Anna Rea, should be admitted to probate. Her first will dated 29 May 1986 gave all of her property to such of her four children as should survive her, if more than one in equal shares absolutely, subject to them surviving her by 28 days (the 1986 will).
A more recent will dated 7 December 2015 (the 2015 will) was witnessed by the solicitor who prepared it and the deceased’s GP. It provided for the deceased’s house to be left to the claimant, on account of the care she had given the deceased, with the residue to be divided between h...
Sangha v Sangha & ors [2023] WTLR 1561
Winter 2023 #193Mr Hartar Singh Sangha made a will in 2007 dealing with both his English assets and his Indian assets. The 2007 will was executed as follows: Mr Sangha signed the will in the presence of one witness; that witness then signed the will; the second witness then entered, Mr Sangha acknowledged his signature in the presence of both witnesses and the second witness signed the will. In 2016, Mr Sangha made a further will in India dealing with his Indian assets. The 2016 will was declared to be Mr Sangha’s last will and contained a revocation clause revoking ‘all such previous documents’.