Akhter v Khan Neutral citation: [2018] EWFC 54

WTLR Issue: 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...

Ubbi v Ubbi
 [2018] EWHC 1396 (Ch)

WTLR Issue: 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...

Daniel v Tee Neutral citation: [2016] EWHC 1538 (Ch)

WTLR Issue: 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)...

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

WTLR Issue: 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...

Goss-Custard v Templeman [2018] EWHC 1904 (Ch)

WTLR Issue: Autumn 2018 #173

The late Lord Templeman (‘the deceased’) died on 4 June 2014 aged 94, leaving a will, dated 22 August 2008 (‘the 2008 Will’). The claimants commenced proceedings seeking an order pronouncing for the validity of the 2008 Will in solemn form...

Graham (Deceased) v HMRC
 [2018] UKFTT 0306 (TC)

WTLR Issue: Autumn 2018 #173

The deceased owned a property, Carnwethers, on the Isles of Scilly, from which she ran self-catering holiday accommodation business, as well as occasional bed-and-breakfast accommodation. There were four self-catering apartments which were well-furnished and provided with numerous additional amenities, and particularly assiduous concierge assistance from the owners...

Mahnkopf v Mahnkopf Case C– 558/16

WTLR Issue: 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...

PCB v JMA
 [2018] EWCOP 19

WTLR Issue: 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...

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

WTLR Issue: 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...

Tang v Tang
 FACV No.9 of 2016

WTLR Issue: 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...