Fielden v Christie-Miller & ors [2015] EWHC 2940 (Ch)

WTLR Issue: December 2015 #155

This hearing was part of the dispute over the succession to the Swyncombe Estate in Oxfordshire (see also [2015] WTLR 1165, [2015] EWHC 752 (Ch)). This hearing concerned three applications by Stephen Christie-Miller (Stephen) to re-plead his case.

The estate, which consists of land in and Swyncombe, is in two parts...

Re H [2015] EWCOP 52

WTLR Issue: December 2015 #155

This was an application to appoint successive deputies for a young woman aged 26, ‘H’. Section 19(5) Mental Capacity Act authorises the appointment of successive deputies.

H was an only child and lived with her parents F and M, both of whom were in their 50s...

Re Harte [2015] EWHC 2351

WTLR Issue: December 2015 #155

By her will dated 10 November 2009 the deceased was expressed to give ‘all my personal property of whatsoever and wheresoever situated to my trustees on the following trusts:

3.1 To pay my just debts, funeral and testamentary expenses...

James & anr v Louisewilliams & ors [2015] EWHC 1166 (Ch)

WTLR Issue: December 2015 #155

Thomas Edward Weetman (the deceased) died on 3 November 2008. His last will was executed on 19 September 2008 (the will). The principal assets in his estate (the estate) were shares in his company Weetman (Haulage & Storage) Ltd (the company) which he had successfully built up during his lifetime, and shares in a property known as Pasturefields Enterprise Park (the property) which the deceased owned but which was occupied, in whole or in part, by the company...

JSC Mezhdunarodniy Promyshlenniy Bank & Anor v Pugachev & Ors [2015] EWCA Civ 906

WTLR Issue: December 2015 #155

In 1992 Mr Pugachev founded the first claimant bank (Mezhprom). In November 2010 the Moscow Arbitrazh Court declared Mezhprom to be insolvent, opened liquidation proceedings and appointed the second claimant (the DIA) as liquidator. On 25 January 2011 the Russian authorities began a criminal investigation with regard to the insolvency of Mezhprom and three days later Mr Pugachev fled Russia...

Re the Onorati Settlement [2013] JRC 182

WTLR Issue: December 2015 #155

This was an application by two beneficiaries of the Onorati Settlement, a Jersey discretionary trust (the trust), to set aside a deed of appointment distributing the trust fund to them. The application was made under the so-called principle in Hastings-Bass on the basis that the trustee had failed to take into account considerations which they ought to have taken into account when exercising their discretion, namely the UK tax consequences of making the appointment...

Re Paw [2015] EWCOP 57

WTLR Issue: December 2015 #155

This was the application by ARW for an order appointing himself and two others, SJ and BQ, jointly to be deputies for property and financial affairs of his wife PAW who was unable to make decisions relating to her property. SJ and BQ were relatives of PAW who were close to her...

Preedy & anr v Dunne & ors [2015] EWHC 2713 (Ch)

WTLR Issue: December 2015 #155

This claim concerned a property. The freehold had belonged legally and beneficially to J who had run a business of a pub and restaurant from the property in partnership with her husband B. J died in 1997. On her death the property passed by her will to her executors and trustees, essentially for the benefit of B for his life and, subject to B’s interest, for J’s three children in equal shares (the will trust)...

Shenken v Phoenix [2015] CSOH 96

WTLR Issue: December 2015 #155

This case concerned whether a Florida attorney who had not obtained a grant in the UK had capacity to receive the proceeds of certain life insurance policies. The proceeds of two life assurance policies were held in trusts established by Mr Pinder and his then wife (Mr Pinder’s trust and Mrs Pinder’s trust respectively)...