Re Shanavazi [2021] WTLR 1037

The claimant was the widow of Gohlam Dastagir Shanavazi (the deceased), who had died intestate on 29 December 2011. They had five children of whom four were adults by the time of the hearing. The claimant brought the Part 8 claim on behalf of the youngest child, her minor son Ilyas Firas Shanavazi, who was now 16.

Under German law Ilyas was entitled to a 1/10th share of his father’s estate. The claim was brought to allow the claimant on behalf of Ilyas to enter into a contract of sale of a property in Germany and to convey the property to the purchaser.

The claimant, the de...

Smith & anr v Michelmores Trust Corporation Ltd & ors [2021] WTLR 1051

The testatrix (T), whose husband predeceased her, was survived by her four children, B1, B2, B3 and B4. T had appointed B3 and the partners of a solicitor firm as the executors of her will. She left the residue of her estate on trust to be divided into four equal shares: one for the benefit of each of B1, B2 and B3, and the fourth upon discretionary trusts, which included a wide power of appointment, for the benefit of B4 and his children and remoter issue. At the time of the hearing, B4 had three adult children and one minor grandchild. T died in 2010 and probate of her will was granted...

Smith & anr v Michelmores Trust Corporation Ltd & ors (costs) [2021] WTLR 1083

A testatrix (T) left the residue of her estate (the trust fund) on trust to be divided into four equal shares, directing that one of them (the share fund) be held upon discretionary trusts for the benefit of her son, B, and his children and remoter issue. The other three shares were given to her other three children absolutely. The will trustees (who were the executrix of T’s will and another person appointed by her as a co-trustee) sought the approval of the court for a proposed appointment of all of the liquid funds in the share fund to B absolutely. The judge refused to approve the pr...

Thomas v Thomas & ors [2021] WTLR 1091

Elizabeth Thomas (Elizabeth) passed away in 2018, leaving a will dated 30 September 2004. She was survived by her three sons, David, Owen and Gareth, and her 13 grandchildren.

Her will included, among others the following terms:

‘If my husband has [predeceased me]… I leave my property to be divided amongst my sons and their heirs. At present, these are as follows:… Sons — Owen, Gareth and David; their children are Owen/Fay; Gareth/Gwennan and Samuel and Raphael; David/Ellen Christie Thomas and Jens Rhys Thomas… ’

‘The proceeds from the realisation of my assets shall ...

Titcombe v Ison [2021] WTLR 1101

D was a close friend of the deceased and the sole beneficiary under the deceased’s will. C was the deceased’s niece. C claimed that a collection of jewellery in the estate was impressed with a secret trust in her favour, or alternatively that D was estopped from denying that the jewellery was held for C’s benefit.

C alleged that, in a Skype conversation in March 2013, the deceased had suggested that she wanted C to have her jewellery, C had said this was very generous and that she would love to receive it; that the deceased had said that rather than leaving it to C in the will, sh...

Ugolor & ors v Ugolor [2021] WTLR 1127

The parties were siblings. The application concerned the estate of their mother, PF. PF had divorced from the parties’ father in 1980, after which PF had continued to live in a five-bed council property (the Property) with the children until they grew up. In 2004, PF acquired the freehold for £192,000. At some point, PF adopted three other children.

In around 2009 (on the defendant’s (D’s) evidence), D moved PF out of the Property and into one of D’s properties. According to the claimants’ evidence, PF was already showing signs of paranoia, and in 2015 D was taken to court by a ne...

Wrangle v Brunt & anr [2021] WTLR 1143

This was an appeal from a first instance judgment in proceedings relating to the estate of Dean Brunt (Dean), who tragically died aged 35 on 8 December 2007, when he was hit by a train. On 25 June 2008, the first defendant/appellant (Marlene), who was Dean’s mother, obtained letters of administration in relation to Dean’s estate on the basis that he died intestate.

Over ten years later, in November 2018, the claimant/respondent, the deceased’s uncle by marriage (Bob), started the proceedings, seeking to revoke the letters of administration issued to Marlene, on the basis that a pu...

Sangha v Sangha & ors WTLR(w) 2021-12

Mundil-Williams v Mundil-Williams & ors WTLR(w) 2021-11

Re Cadogan [2021] WTLR 411

C and D1-D4 were the children of Mrs Veronica Cadogan (VC), who died in 2011. VC’s will left her residuary estate to them in equal shares. In 2013, C and D1 took letters of administration with the will annexed. They remained as administrators until they were replaced by D5 at the first case management hearing in the proceedings.

VC’s estate included 14 English properties. Following her death, each of C and D1-D4 had informally taken over or remained in control of one or more properties and either occupied or received rent from them. This continued during the period of ...

Chekov v Fryer & anr [2021] WTLR 441

The claimant was the former spouse of the deceased. They were divorced in the Southampton County Court and by an order dated 6 May 1982 (the order) it was provided that neither party was entitled to make a claim against the estate of the other under the Inheritance (Provision for Family and Dependants) Act 1975 (1975 Act) unless the parties remarried. Although the parties did not remarry, by the time of the deceased’s death they were living under the same roof. The defendants, who were the two sons and executors of the deceased, denied that the claimant and the deceased were living...

Re Clitheroe [2021] WTLR 449

The claimant (C) and the defendant (D) were the surviving children of the deceased. Her other child, E, had died of cancer without children. Although the deceased had been close to D and D’s daughter, this changed after a disagreement between D and the deceased about E’s medication, when the deceased threatened that she would not forgive or speak to D again. The Deputy Master found that D was not responsible for the estrangement and that the deceased had irrationally maintained that it was D who cut her out rather than the other way around. E’s death had a profound effe...

Davey & anr v Bailey & ors [2021] WTLR 487

Alan and Margaret Bailey were a married couple who died each aged 71 within a few months of each other in 2019, leaving no children. Each left a will dated 28 May 2009 appointing the other as sole executor and sole beneficiary. After Mrs Bailey had passed away Mr Bailey attended a solicitor to make a new will, but it was not executed before he also died. The gift to his wife under his 2009 will failed, as she had predeceased him, and passed under the law of intestacy to his next of kin.

Mrs Bailey’s sister and brother, the claimants, claimed that the couple had made gifts of...

Delaforte v Flood & anr [2021] WTLR 499

The claimant was the granddaughter of the deceased who brought a claim for reasonable financial provision out of the estate under the Inheritance (Provision for Family and Dependants) Act 1975 (1975 Act). The defendants, both children of the deceased, were the executors and beneficiaries under her will. The deceased, who had been diagnosed with vascular dementia, had fallen and broken her hip, resulting in surgery and a spell in hospital. The medical advice was that she could not return home unless care was provided. The claimant, with the agreement of the defendants, moved into the dece...

Eade v Hogg & ors [2021] WTLR 507

Mr Nodes (the deceased) passed away on 8 March 2019. The deceased’s estate included a large shareholding in a family company (the company). Each of the deceased’s wife and his former colleague (the claimant) also possessed small shareholdings in their own name. By his will, dated 22 October 2015, the deceased left his large shareholding in the company on trust for his wife for life, subject to an overriding power of appointment in favour either or both of his wife and his former colleague, allowing for an appointment of shares ‘up to such number… as shall when added to ...

Howe & anr v Gossop & anr [2021] WTLR 539

In 2011 the appellants sold a building to the respondents for use as a dwelling-house. In 2012, the respondents proposed that the appellants transfer the Green Land and Grey Land in return for the waiver of a debt. The respondents prepared the Green Land for use as a garden until relations broke down and the appellants sued for possession of the Green Land and the Grey Land. At first instance the judge found that the parties had made an oral agreement in 2012, and that although the provisions of s2 of the Law of Property (Miscellaneous Provisions) Act 1989 has not been complied with, thi...

Interactive Technology Corporation Ltd v Ferster [2021] WTLR 561

Judgment was handed down following a trial of a claim against a former director for breach of fiduciary duty through unauthorised remuneration. The claim was found to be established in judgment given on 15 November 2016. On 19 December 2016 there was a hearing to deal with consequential matters including the terms of order. The order made provided for judgment for equitable compensation in respect of the unauthorised remuneration.

The claimant then applied for an interim payment. The defendant objected on the basis that it was far from certain that the claimant had suffered any lo...

J & anr v S & ors [2021] WTLR 569

The claimants, being the children of the deceased, brought a claim for provision under the Inheritance (Provision for Family and Dependants) Act 1975. The deceased, their father, had been diagnosed with an incurable lung disease in 2004. The claimants’ parents had divorced in 2012. Their mother remarried shortly thereafter and relocated with the claimants to Scotland. The father had maintained weekly telephone contact with the claimants for a short period, but had paid no maintenance or child support, with the mother and her new husband paying for the claimants’ private educa...

Re J C Druce Settlement [2021] WTLR 597

By a settlement dated 10 December 1959 (the settlement), John Christopher Druce (the settlor) settled property on discretionary trusts for the benefit of a class of beneficiaries defined as meaning ‘all the male descendants of the Settlor’s brothers and sisters… who are already in being or shall be born before the Vesting Day’. The settlement further provided that the trustees should hold the trust property, or such part thereof as shall not have been paid, transferred or applied under any trust or power therein contained upon trust, for such of the beneficiaries as wer...

Kelly v Brennan & ors [2021] WTLR 613

C was a brother of the deceased (PK). He was the executor of PK’s will and also a beneficiary. Ds were the adult children of PK’s sister. PK’s will divided the residue into ten equal shares (including a share for each of PK’s sister’s children). C brought a claim under s20 Administration of Justice Act 1982 (AJA 1982) for rectification of the will so that the residue would instead be divided into six equal shares (with one share being shared between PK’s sister’s children). The claim was opposed by D3 and D4.

PK was born in the Irish Repub...