AH v Greyco Ltd & anr [2021] WTLR 783

Autumn 2021 #184

The applicant (Mr AH) sought the disclosure of trust instruments and trust accounts for the Blue Settlement and the Overseas Distributors Benefit Trust (ODBT), having been ordered to procure and disclose the same to Mrs AH in separate divorce proceedings being heard by the Family Court in England. The trustees of the Blue Settlement (Greyco) gave evidence that Mr AH was the settlor of the Blue Settlement, though both he and his family members were excluded as beneficiaries. The trustees of the ODBT (ABC) gave evidence that neither Mr AH nor his family members were within the class of ben...

Burns v Bean & ors [2021] WTLR 795

Autumn 2021 #184

Daisy Bean (Daisy) passed away on 19 July 2017. She had four children, but only three remaining alive at her death. She had a total of 73 descendants at the time of her death including her children, grandchildren, great-grandchildren and great-great-grandchildren. She left a will dated 2 November 2010 (the 2010 will). It provided ‘MY Trustees shall then distribute the balance remaining [ie the residuary estate]… equally among all my children who are alive at my death’. The issue falling to be determined was whether, on its proper construction, the will indicated an intention contrary to ...

Dukeries Healthcare Ltd v Bay Trust International Ltd & ors [2021] WTLR 809

Autumn 2021 #184

The claims concerned various tax avoidance schemes that had been established as ‘Remuneration Trusts’ for the claimants by Baxendale Walker LLP. The claimants were a successful businessman, Mr Levack, and various businesses of which he was a director and/or shareholder. In each case, one of the claimants was the ‘founder’ of the relevant trust. The defendants were various corporate entities having had a role in the trusts, together with HMRC.

The claimants maintained that the Remuneration Trusts had been entered into on the basis that they would offer various tax benefits, and wou...

Equiom (Isle of Man) Ltd & ors v Velarde & ors [2021] WTLR 855

Autumn 2021 #184

The claimants were the trustees of a settlement settled by the deceased’s father. The defendants were the deceased’s three children. Under the terms of the settlement the deceased enjoyed a special power of appointment which could be exercised in respect of property described in the fund, whether by deeds revocable or irrevocable or by will or codicil. The deceased had exercised this power twice. First, by a deed of appointment in 1981, with effect from her death, the deceased appointed the fund between the three defendants. Second, by a deed of revocation in 1997, expressed to be supple...

Hudman v Morris [2021] WTLR 877

Autumn 2021 #184

The claimant was the executrix and one of five residuary beneficiaries of the estate of her late father. The defendant, her brother, was the co-executor and a fellow residuary beneficiary. The claimant brought a Part 8 claim under s50 of the Administration of Justice Act 1985 to remove the defendant as executor and, alternatively, sought an order that the defendant be passed over pursuant to s116 of the Senior Courts Act 1981. The claimant also sought the appointment of an independent administrator and was voluntarily willing to step down as executrix ...

Hughes v Pritchard & ors [2021] WTLR 893

Autumn 2021 #184

The deceased (E) died in March 2017 aged 84. The deceased’s last will was executed in July 2016 with the assistance of solicitors and after a capacity assessment was obtained from his GP. At the time of making his will, the deceased was suffering from moderately severe dementia and was grieving from the death of his eldest son (S) who had taken his own life in September 2015. The will changed the provisions of an earlier will in favour of the claimant (C), also a son of E, inter alia, leaving 58 acres of farmland to C.

The defendants were the sister, widow and eldest son ...

Pescatore v Valentino & ors [2021] WTLR 917

Autumn 2021 #184

The claimant, a Mongolian national, was the second wife and widow of the deceased. She applied for an interim anti-suit injunction against two of the three defendants, the deceased’s adult children, restraining them from continuing proceedings against her in Italy pending a trial of a dispute concerning the deceased’s will in England.

The deceased was born in Italy, but was a naturalised British citizen. He had lived in England for 58 years until his death, aged 78, in 2018. His entire working life had been in England. He paid tax in the UK. He had raised a family in England (incl...

Rochford v Rochford [2021] WTLR 951

Autumn 2021 #184

The claimant was the daughter of the deceased and the defendant was the sister of the deceased. The deceased had made a will dated 13 September 2017. By that will the deceased had left £25,000 each to the claimant, the claimant’s son and another sister of the deceased. The remainder was left to the defendant.

The net estate was valued at around £245,000. The defendant stood to receive approximately £193,000 less legal fees.

In 1968 the deceased had separated from the claimant’s mother. Thereafter the claimant had a difficult relationship with the deceased. Prior to the birt...

Ruscoe & anr v Cryptopia Ltd [2021] WTLR 965

Autumn 2021 #184

The defendant company was formed as a cryptocurrency trading exchange platform based in New Zealand in 2014. It enabled users to register as account holders, make deposits and carry out trades of various types of digital assets for which the company charged fees. The initial deposit would be made into a ‘hot wallet’ connected to the internet for which there was a public key. When not required to meet withdrawal requests, the deposit would be transferred to a ‘cold wallet’ which was not connected to the internet and for which there was a private key, similar to a password, known only to t...

SM v Secretary of State for Work and Pensions [2021] WTLR 1025

Autumn 2021 #184

On 3 August 2016, the appellant made a claim for income-related Employment and Support Allowance, asking for any award to be backdated to 2 June 2016. The appellant was in receipt of regular monthly payments from discretionary family trusts of £600 per month, rising to £750 per month from July 2016. She also received £750 per month from a lodger from July 2016.

Her application was refused on 10 July 2018 on the basis that her income exceeded the limit under the Employment and Support Allowance Regulations 2008. A mandatory reconsideration confirmed the initial outcome, an...