Carrasco & anr v HMRC [2016] UKFTT 0731 (TC)

January/February 2017 #166

Mrs Carrasco inherited a London property known as 33 Smith Terrace, Chelsea in June 1988 (‘the property’). She subsequently vested the property in herself and her husband Javier Carrasco by way of a Deed of Gift.

The property was let to tenants from June 1998 to late June 2010. In 2010 it was put up for sale. Exchange of contracts took place on 25 May 2010, and completion took place on 23 July 2010. The appellants moved into the property on 29 June 2010 and resided there until 22 July 2010.

In April 2012, and upon professional advice, the appellants executed a p...

Crabbe v Townsend [2016] EWHC 2450 (Ch)

January/February 2017 #166

The deceased was survived by his daughter (the claimant) and his son (the defendant). The deceased died in 2004 and a grant of probate was extracted in May 2007. By his will the claimant and defendant were appointed as his executors and trustees. Various issues relating to the administration of the estate arose (see para 3). Among these was a portfolio of stocks and shares given to the claimant by the deceased’s will. It was not until February 2013 that the portfolio was assented to the claimant, and then only because she assented it to herself without the defendant’s concurr...

Edkins v Hopkins & ors [2016] EWHC 2542 (Ch)

January/February 2017 #166

The claimant was a friend and business colleague of Philip Hopkins, and the executor and main beneficiary under Mr Hopkins’ will dated 6 June 2014. The will draftsman, a partner in a law firm, attended Mr Hopkins at his home with two members of the firm’s staff who witnessed his signature. During the execution of the will, she noticed that Mr Hopkins was unwell and later that day he was readmitted into hospital. He died ten days later on 19 August 2014, having been diagnosed with unspecified alcoholic liver damage.

The claimant brought a claim to prove the validity of ...

Hatton v HMRC [2010] UKUT 195 (LC)

January/February 2017 #166

The appellant appealed against a determination by HMRC under s221 of the Inheritance Tax Act 1984 that the value of a freehold interest held by the deceased in a property was £475,000 on the date of death. The appellant (the executor of the deceased’s will) contended that the value was £400,000. The appellant relied on the principal of an estate agents and valuer who based his valuation on his local knowledge of property in the area, his 25 years’ experience and two comparables. HMRC relied upon the evidence of a senior valuer attached to the Valuation Offic...

Jump & anr v Lister & anr [2016] EWHC 2160 (Ch)

January/February 2017 #166

John Raymond Winson and Mable Winson (Mr & Mrs Winson) made ‘mirror image’ wills with the first defendant, a solicitor employed by the second defendant, on 17 August 2010 by which, in simple terms (and subject to two minor specific legacies by Mrs Winson), they left their estate to each other but, if that gift failed, left pecuniary legacies to the same named individuals and charities with the net residue passing to the claimants in equal shares. In each will there was a survivorship clause in the following terms:

‘My estate is to be divided as if any person ...

Khouj v Acropolis Capital Partners Limited & anr [2016] EWHC 2120 (Comm)

January/February 2017 #166

The claimant was the administrator of the estate of Mr Mansouri who died in 2010. He sought declarations that the two defendant companies, ACP and ACM, were the agents and fiduciaries of the deceased and that they were therefore under a duty to provide him with records in relation to transactions or other business conducted on behalf of the deceased. The deceased had been a wealthy man during his lifetime and the claimant sought to understand what had happened to his wealth.

Held:

  1. 1) The relationship between principal and agent can only be established by the consent...

Lloyds Trust Company v Fargoso & ors

January/February 2017 #166

The representor was the trustee (T) of a Jersey law governed discretionary trust (R) established in 1999 and valued at £402,000. The first respondent was the settlor (S). The class of beneficiaries included S’s wife and three children.

When R was established, S described himself as a civil engineer and informed T that the funds settled were proceeds of engineering consultancy contracts which he had worked on over the last 20 years. He did not disclose that he held public office in Mozambique.

In 2010, T discovered that a company had been convicted in England of paying...

Richards v Worcestershire County Council & anr [2016] EWHC 1954 (Ch)

January/February 2017 #166

The claimant sustained head injuries in a traffic accident in 1984. By 2004, he had been detained under the Mental Health Act 1983 (the 1983 Act), and while in hospital, his responsible medical officer under s34 of the 1983 Act completed a supervision application under s25A in respect of him. This explained that after-care under supervision was necessary for the claimant. It provided for the claimant’s attendance at an outpatient clinic, and cooperation with a care plan, but did not include the details of after-care services.

The ...

Sidney and North v British Columbia 2016 BCSC 589

January/February 2017 #166

The petitioner, a non-profit society, became the trustee (T) of a charitable purpose trust of land and premises. T sought construction and amendment of the trust deed.

The trust deed provided, inter alia, that a certain portion of the land in the trust known as the Cenotaph Area be held in trust as a site solely for the purposes of a memorial cairn for Canadian soldiers killed in World War I. If any part of the lands in the trust were expropriated, the trustee was to use any expropriation proceeds to purchase other land and hold the balance of the proceeds in trust for th...

Watt v ABC [2016] EWHC 2532 (COP)

January/February 2017 #166

This was an application to the Court of Protection concerning whether substantial damages awarded to ABC in a personal injury claim should be paid to and administered by ABC’s property and affairs deputy or should be held on revocable trust.

In prior litigation it had been common ground that ABC lacked litigation capacity but his capacity or the extent of his capacity to manage his financial affairs with appropriate support had been in dispute. This dispute was not decided due to the matter being settled. Subsequently a deputy was appointed by the Court of Protection upon th...