Mahnkopf v Mahnkopf Case C– 558/16

Autumn 2018 #173

Mr Mahnkopf was married to Mrs Mahnkopf when he died on 29 August 2015. Both spouses, who had German nationality, were habitually resident in Berlin. The deceased made no disposition of property upon death and his sole heirs were his wife and only son. Mr and Mrs Mahnkopf were subject to the statutory property regime of community of accrued gains and had not entered into a marriage contract. In addition to assets situated in Germany, the estate included a half share in the co-ownership of a property in Sweden. The Amtsgericht Schonenberg, which was the Probate Court with jurisdiction in ...

PCB v JMA
 [2018] EWCOP 19

Autumn 2018 #173

 

JMA, who was aged 72 years, suffered from early onset dementia and lived in a care home which she paid for privately. She no longer had the capacity to take decisions about making gifts and the medical evidence suggested that she would only live for a further 3 to 5 years. The applicant was a son by her first marriage; her daughter having died in January 2009. JMA inherited from her last husband, who died in January 2010, his entire estate which was derived from the sale of businesses which had realised approximately £11m. The applicant was appointed sole attorney under a L...

Smith-Tyrrell v Bowden [2018] EWHC 106 (Ch)

Autumn 2018 #173

The claimants occupied land at Falmouth in Cornwall (the property) initially pursuant to a written agreement for the grant of a 15-year lease from 1 January 1993 at a rent of £400 per annum. The agreement was never signed by the defendant’s parents, who were then the freehold owners, with the result that it did not qualify as a valid agreement for the grant of a tenancy of 15 years, due to failure to comply with the requirements of s2 of the Law of Property (Miscellaneous Provisions) Act 1989. After the expiry of the 15-year period, the claimants continued to pay, and the defendant to ac...

Tang v Tang
 FACV No.9 of 2016

Autumn 2018 #173

T died intestate. D1, one of the administrators of T’s estate, purchased a property using estate funds to cover around 40% of the purchase price, without informing P, one of the beneficiaries of the estate. Soon after completion of the purchase, D1 repaid the money to the estate, with interest at a rate that he selected, labelling the transaction as a loan. Later, when the property’s value had increased, P became aware of D1’s actions and brought proceedings to recover the profit made by him.


Held


D1 was a fiduciary who had made a profit by the application of his principa...

Thompson v Raggett [2018] EWHC 688 (Ch)

Autumn 2018 #173

Wynford Hodge died on 4 February 2017 leaving a will under which he gave his residuary estate to the fourth and fifth defendants, who were tenants of one of the deceased’s properties. He made no provision for his partner, the Claimant, with whom he had lived as man and wife for 42 years. It was accepted that the Claimant was financially dependent upon the deceased immediately before his death. 


In 2016 the deceased had purchased a cottage with a view to residing there with the Claimant. However, due to ill health, this plan never came to fruition. The deceased died leaving a net ...

Ubbi v Ubbi
 [2018] EWHC 1396 (Ch)

Autumn 2018 #173

M and S married in September 2000. They had met in 1987, purchased their first home together in 1988 and developed a business (WP Ltd) together. S had a child from a previous relationship, whom M had treated as his own daughter. M and S had a child (J) together in 1994; J suffered from hemiplegia, paralysis to one side of the body, and learning difficulties. In 2007, B started working with M and they started an affair. In 2010 M made his will, appointing S to be his executor and leaving his estate to her. At about the same time M and S bought another property, Poplar Court. In 2012 M and...

Akhter v Khan [2018] EWFC 54

Autumn 2018 #173

Mrs Akhter (A) and Mr Khan (K) underwent an Islamic marriage ceremony in England in 1998. They then considered themselves husband and wife and were treated as such by their families, community and state authorities. They had four children. Despite requests by A no civil ceremony was ever undertaken. The parties lived in Dubai between 2005 and 2011 and were treated as married by the UAE authorities, to whom they presented their Islamic marriage certificate.

A petitioned for divorce in 2016. K applied to strike out the petition on the basis that the parties had not entered a valid m...

Banfield v Campbell
 [2018] EWHC 1943 (Ch)

Autumn 2018 #173

The claimant was a cohabitant with the late Sarah Elizabeth Campbell (‘deceased’) at 3 Westville Road, Thames Ditton (‘property’). The deceased had previously been married to Neil Robert Campbell, with whom she had a son, the defendant. Mr Campbell died on 27 October 1992 and, a year or two later, a romantic relationship developed between the claimant and the deceased. In around 2001, the claimant moved into the property to live with the deceased though he continued to stay with his elderly mother for several days and nights each week until she died in 2010. The claimant’s relationship w...

Daniel v Tee [2016] EWHC 1538 (Ch)

Autumn 2018 #173

The defendants were professional solicitor trustees of a trust established by the will of the claimants’ father. The claimants were the beneficiaries of the will trust, who were minors when their father died. The deceased’s will provided that the claimants’ shares would be held on trust for them until they turned 25, so the defendants invested the trust fund with the assistance of professional investment advice given by Taylor Young Investment Management Ltd (Taylor Young).

The claimants subsequently sought compensation from the trustees in the sum of £1,476,076 on the basis that ...

De Muller v Morgan [2018] EWHC 1904 (Ch)

Autumn 2018 #173

The deceased died in July 2014, still married to the 1st claimant (DM), though they had been separated for many years. The 2nd claimant (A) was one of his daughters from the marriage. The claimants were the administrators of deceased’s estate. The deceased had lived with the defendant (HM) between 1991 and 2003/2005, and had two children with her. She continued to live in a leasehold property (38 WC) owned by the deceased until his death. The deceased’s wills were invalid but indicated an intention for the benefit of 38 WC and the associated mews house to pass to HM on trust for their tw...