Folds Farm Trustees Ltd & anr v Cutts & ors [2024] WTLR 503

The claimants were the corporate trustees of two family trusts established respectively by a deed of variation relating to the will of Oliver Cutts (the 1997 trust), and by the will of Susan Cutts (the will trust). The beneficiaries of these trusts were Susan’s children, grandchildren and remoter issue who were living on or born before specified dates.

The primary asset of the trusts was Folds Farm, a farm in the New Forest in Hampshire comprising various buildings and farmland totalling almost 340 acres. The majority of the farm was within the will trust, while the 1997 trust com...

Grosskopf v Grosskopf & anr [2024] WTLR 530

The parties were siblings and beneficiaries of a trust established by their parents. In addition, the defendants were also the trustees. The claimant applied to appoint a judicial trustee in place of the defendants on the basis that the defendants had engaged in conduct that appeared to have been in breach of their duties as trustees or may have been dishonest. The parties had previously entered into an arbitration agreement before the Beth Din of the Federation of Synagogues. The court and the tribunal had previously determined that the tribunal had jurisdiction to consider the claim. T...

Henchley & ors v Thompson & anr [2024] WTLR 559

The settlor executed a trust deed dated 12 September 1960 (the trust), under the terms of which the trustees were given a power of appointment over capital and income for the benefit of the beneficiaries and their respective issue. The power was limited by a deed dated 28 March 1978 so that it could be exercised only in relation to the capital of the trust fund to which a beneficiary then enjoyed an interest in possession. In default of appointment, the capital and income of the trust fund was to be held for such of the beneficiaries living on the perpetuity day (which was to be calculat...

Kenig v Thomson Snell & Passmore LLP [2024] WTLR 595

The claimant and his sister were beneficiaries of the will of their mother. The defendant, a solicitors’ firm, was instructed by the sole executor to administer the estate. The defendant’s original costs estimate was £10,000-£15,000 plus VAT, but its invoices totalled £54,410.99 plus VAT and expenses. The claimant challenged the fees charged and applied for an assessment under s71(3) Solicitors Act 1973, which a costs judge ordered. The defendant appealed on grounds restricted to Tim Martin Interiors Ltd v Akin Gump LLP [2011], namely, that it was not open to a beneficiary to challenge l...

Lane v Lane & ors [2024] WTLR 615

The claims concerned the estate of Monica Lane (the deceased), who died on 8 May 2019. The deceased had three children, David, Susan (the first defendant) and Peter, the last of whom predeceased her leaving two children, the second and third defendants. David died on 17 January 2021 and Karen (the claimant) was David’s widow and personal representative of his estate.

The deceased and David formed a trading farming partnership, embodied in a 12 October 2002 partnership agreement. That agreement provided that the partnership would dissolve on, among other things, permanent incapacit...

Lane v Lane & ors (costs) [2024] WTLR 639

The claims concerned the estate of Monica Lane (the deceased), who died on 8 May 2019. The deceased’s final will was dated 23 February 2013 (the will). By the will the deceased left her son David her ‘share and interest’ in the partnership (the gift), among other assets. The deceased’s daughter Susan (the first defendant) and David were named as executors.

The first defendant had contended that the deceased became permanently incapacitated shortly before her death, causing the dissolution of the partnership. The argument that the gift failed by ademption and fell into residue had ...

Otitoju v Onwordi [2024] WTLR 655

Two applications had been made concerning the funeral arrangements of the deceased. In the first application, the claimant (one of the deceased’s children who had the support of her siblings and her mother) applied for an order that she be entitled to possession of the deceased’s body and to make arrangements for its disposal, and for a limited grant of letters of administration (on the basis that the deceased died intestate) under the Senior Courts Act 1981 and an interim injunction restraining the defendant (the deceased’s former partner) from taking possession of the deceased’s body a...

Pead v Prostate Cancer UK & ors [2024] WTLR 667

The claimant applied for a non-party costs order against GWCA Solicitors Ltd (GWCA), which had been joined as the ninth defendant. The application arose out of a claim for the rectification of the will of James Murray McKay deceased (the deceased) or, in the alternative, for a declaration as to the true construction of clause 11 of the will. The will, which had been drafted by a predecessor practice to GWCA, made provision in clause 11 for the division of the deceased’s residuary estate between ‘such of the beneficiaries named in clauses 4.1 to 4.8 inclusive absolutely as shall survive m...

Pierce & anr v Barton & anr [2024] WTLR 679

By clause 5 of his will dated 2 November 2015 (the will) Malcolm Barton (the testator) gave to his son, the first defendant, a specific bequest which was described as Flat 2, 35 Upper Church Road, Weston-Super-Mare (the flat). The testator died on 12 May 2019. Probate was granted to the claimants who were two of the partners in the firm of Wards, Solicitors (Wards) on 10 January 2020. At the time of making the will and at the time of his death the testator was the sole surviving registered proprietor of a legal charge dated 17 November 2006 over the flat securing the sum of £87,727.52 (t...

Rea v Rea & ors [2024] WTLR 701

Anna Rea had made wills dated 29 May 1986 (the 1986 will) and 7 December 2015 (the 2015 will).

At first instance, Anna’s daughter (the appellant) claimed to propound the 2015 will in solemn form. Her brothers (the respondents) counterclaimed to set aside the 2015 will, alleging lack of testamentary capacity, want of knowledge and approval, undue influence, and fraudulent calumny. They sought to propound the 1986 will.

The claim had previously been tried and then appealed, ultimately to the Court of Appeal, where a retrial was ordered.

On the retrial, HHJ Hodge KC fou...

Savage v Savage [2024] WTLR 725

Three parcels of land known as Pleasant Rise and Pleasant Rise Farm were held on trust for the respondent and the four children of his late brother (the siblings, including the appellant). The respondent had a two-thirds interest in the largest parcel of land, a three-quarters interest in the second largest parcel of land, and a one-half interest in the smallest parcel of land. The remaining interests were held by the siblings. The properties included land upon which the appellant ran a business involving a campsite, a tennis court and other facilities.

An order for sale was sough...

Stoney-Andersen v Abbas & ors [2024] WTLR 741

The issue before the court was costs in proceedings relating to the estate of Vincent William Cashinella (the testator), who died on 25 November 2019. By a will dated 30 May 1995 (the will) the testator appointed his wife, Olwen, and the first defendant, who was married to Olwen’s niece, as executors. The testator’s wife predeceased him and probate of the will was granted to the first defendant alone.

By a Part 8 claim dated 8 September 2022 (the claim), Olwen’s grandniece (the claimant) brought proceedings originally for:

Withers Trust Corporation Ltd v The Estate of Goodman [2024] WTLR 763

Hannah Goodman died on 14 July 2020. She was survived by her late husband, Adrian, who himself died on 11 June 2022. The claimant was the Withers Trust Corporation, which was the executor appointed by Adrian’s last will, dated 2 November 2020.

The claimant sought an order pursuant to s2 of the Forfeiture Act 1982 that the application of the forfeiture rule to Adrian’s interest in Hannah’s estate and to his interest in jointly owned assets be modified, so as to give Adrian full relief from forfeiture.

In October 2017, Hannah was diagnosed with lung cancer. By April or May 20...

Heyes & anr v Holt WTLR(w) 2024-01

Jones v Tracey & ors WTLR(w) 2024-02

Vasami & anr v Hack & anr WTLR(w) 2024-03

Archibald & anr v Stewart & anr [2024] WTLR 1

Rosemary and Malcolm were the adoptive parents of Neil and his younger brother Michael. Neil married Julie in 1999 and they had two children, who were young adults by the time of the hearing. Rosemary died on 10 June 2014 and Malcolm on 14 January 2021. Neil died on 25 June 2023 after proceedings had been issued.

Rosemary and Malcolm made wills in similar terms on 26 May 2009. Rosemary made a codicil dated 23 May 2014. Both left pecuniary legacies with the residue to be held under discretionary trusts for three classes of beneficiaries: a) the surviving spouse; b) their children a...

Butler & ors v Commissioners for HMRC [2024] WTLR 23

The deceased died on 15 May 2015. At her death she was a member of Tufton Warren Farm LLP. The other member was the trustees of her late husband’s will trust in which she had a life interest, which was treated as part of her estate for IHT purposes under s49(1) Inheritance Tax Act 1984. The LLP owned and ran a wedding venue location. Business property relief was claimed. HMRC issued notices of determination which stated no part of the LLP’s assets was relevant business property for the purposes of s104 Inheritance Tax Act 1984. A statutory review of the determinations led to them being u...

Clarke & ors v Shrewsbury and Atcham Constituency Labour Party & ors [2024] WTLR 67

James Morris (the settlor), a Labour Party councillor and businessman, settled two trusts (the trusts). This claim concerned the validity of the trusts, their rectification, a proprietary estoppel claim by a beneficiary, and the consequences of the trusts’ invalidity.

The first trust concerned Morris Hall, Bellstone Court, Bellstone, Shrewsbury (the hall), which Mr Morris transferred to himself and three others to hold pursuant to a declaration of trust dated 5 April 1934 (the hall trust).

Clause 1(g) of the hall trust provided:

‘After making provision for the funds ...

Dignam-Thomas & anr v McCourt & anr [2024] WTLR 105

The claimant sisters (aged 61 and 68) applied under the Inheritance (Provision for Family and Dependants) Act 1975 for provision out of the estate of their late father. The sole asset in the estate was the deceased’s home in which his son and sole beneficiary of his will, the second defendant (aged 72), continued to reside. The second defendant did not engage with the proceedings despite repeated service of court orders and correspondence, and concerns were raised as to his capacity to litigate. Trials were twice adjourned for capacity assessments to be undertaken, but the second defenda...