AC v DC & ors [2012] EWHC 2032 (Fam)

June 2013 #130

Mostyn J granted an application by the applicant (W) to set aside transactions pursuant to s37(2) of the Matrimonial Causes Act 1973 that had been made by the first respondent (H) on about 2 December 2010 by which H disposed of his 86.4% shareholding in D Holdings Limited (DH). None of the respondents opposed the application. There was an issue whether or not the effect of the order operated retrospectively for all purposes, including fiscal purposes. Judgment was reserved and further written submissions were invited to determine whether the order setting aside the transact...

Joshi & ors v Mahida [2013] EWHC 486 (Ch)

June 2013 #130

Kiritkumar Mahendersinh Mahida (testator) and his wife, the defendant, owned (inter alia) freehold property at 148-152 Leytonstone Road London as beneficial joint tenants. They were, however, separated when the testator made his last will (will) on 17 July 2002. After appointing the first and second claimants his executors and trustees, the testator gave certain property to his brother, the third claimant, and his three sons, the fourth to sixth claimants. In particular, by clause 3(c) he gave them an interest in the property at Leytonstone Road, but unfortunately expressed the ...

NT v FS & ors [2013] EWHC 684 (CP)

June 2013 #130

F is a 74-year-old retired rugby player with assets of £3m and was diagnosed with Alzheimer’s and dementia in 2006. The applicant (NT), who is F’s deputy, brought this application for a statutory will to be executed on behalf of F and for a statutory gift of £50,000 to be made to F’s 95-year-old mother (T). The respondents were the potential beneficiaries of such will. The statutory gift was uncontroversial, however the statutory will provisions were contested. Judge Behrens, in determining what terms would be in F’s best interests, had regard to previous authorit...

R v Hursthouse 2013 EWCA (Crim) 517

June 2013 #130

On 28 October 2009 Susan Hursthouse (the appellant) pleaded guilty to an offence of fraud contrary to s1 of the Fraud Act 2006. The offence involved the forgery of the will of Henry Swinscoe (the testator). The appellant was accused along with her mother Jean Oldknow, who had previously been married to the testator. The testator died on 1 July 2008. He left a professionally drawn will dated 13 May 2004 by which he left everything to his then wife, Netta, or, in the event of her predeceasing him, which she did, his estate to be divided equally between the appellant and h...

Re Wilson (dec’d) [2013] EWHC 499 (Ch)

June 2013 #130

The testatrix Iris Wilson (Iris) made a will dated 31 August 2010 and died on 6 October 2010. Her will appointed the first defendant Mr Phythian as the sole executor and left her personal effects and the residue of her estate to the second defendant Mrs Phythian and the property known as North Lodge in Yalding Kent in equal shares to Mr and Mrs Phythian.

Mrs Lynda Turner (the claimant) the niece of Iris challenged the will on three grounds:

  • Lack of proper execution.
  • Lack of mental capacity.
  • Lack of knowledge and approval of the contents of the will.<...

Re B, B v T

June 2013 #130

The appellant beneficiary (B) appealed from the order of Judge J R Finch made in the Royal Court of Guernsey on 15 March 2012 granting liberty to the respondent trustee (T) to disclose information and documentation to law enforcement authorities in France inter alia to protect the interests of T in the context of an ongoing criminal investigation.

T was the subsidiary of an international banking group and was the trustee of two trusts created in February 1989 for the benefit of the children and grandchildren of the settlor (S). S had died in 2001. Shortly afterwards, the...

Bingham v HMRCC [2013] UKFTT 110 (TC)

June 2013 #130

The appellant (Mr Bingham), a sole practitioner, was a solicitor practising under the style of Bingham & Co. His practice, predominantly based on property transactions, prospered to such an extent that Mr Bingham was able to amass substantial sums of personal funds, which he deposited in a number of bank and building society accounts. These were subsequently consolidated in a money market account held jointly with his wife, to which were later added their children. Mr Bingham believed that the beneficial ownership of the funds could be changed by making them account holders and signa...

Day & anr v Day [2013] EWCA Civ 280

June 2013 #130

The appellants appealed from a first instance decision by Mr Recorder Chapman QC on 15 May 2012, which refused their application for an order for rectification of a conveyance that was executed on behalf of their mother (Mrs Day) by her solicitor (Mr Froud) who was acting as her attorney. The conveyance was dated 6 June 1985. The conveyance had transferred Mrs Day’s home from her sole name into the names or her and her son (the respondent) as beneficial joint tenants. The purpose of the transaction was to enable borrowing to be secured against the property by the respondent. Mrs Day died...

Re GM 11843118

June 2013 #130

The applicants, GM’s deputies for property and affairs, sought retrospective approval of various gifts they had made from GM’s funds to themselves, their family and friends and also to several charities. Additionally, they sought retrospective approval of their purported deputyship expenses.

From GM’s estate, which amounted to just under £500,000 at the time of their appointment, it was found that the applicants had made gifts totalling £231,259.50, £55,856 and £48,396.50 of which were made respectively to themselves. £57,352 had been donated to nine charities.