A v B [2016] EWHC 340 (Ch)

June 2016 #160

An application was made on 16 February 2016 to vary the trusts of the will of a testator (will) and of a settlement made by reference to the will (settlement) by the testator’s brother (settlor) pursuant to the Variation of Trusts Act 1958. The claimants included the eldest surviving son and eldest grandson of the settlor. The defendants included the trustees of the will and the settlement (trustees) as well as a class of the settlor’s descendants and their respective spouses who were beneficiaries under the will and the settlement.

The trust funds of the will...

Mason & ors v Coleman & ors [2007] EWHC 3149 (Ch)

June 2016 #160

The first claimant, Mr Mason, was the settlor of a number of settlements. The second to sixth claimants were the beneficiaries under those settlements. The first defendant, Mr Coleman, was a financial advisor in whose favour Mr Mason on 3 September 2000 executed an enduring power of attorney in wide terms. The defendants were between them the trustees of the various settlements.

On 23 December 2004 Mr Mason served notice on Mr Coleman revoking the enduring power of attorney. On 2 February 2005 Mr Mason wrote again to Mr Coleman seeking information regarding the settlements, includ...

Burns v Burns [2016] EWCA Civ 37

June 2016 #160

On 21 May 2010 the deceased died, aged 89, leaving two sons: the appellant and the respondent. The respondent claimed pronouncement in solemn form of an alleged will of the deceased dated 26 July 2005, which divided the deceased’s estate equally between the appellant and the respondent. The appellant challenged the validity of the 2005 will on the basis that the deceased lacked testamentary capacity at the date of its purported execution and on the basis that the deceased did not know and approve of the contents of the same.

In September 2003 social services began to assist with t...

Gedir v HMRC [2016] UKFTT 188 (TC)

June 2016 #160

In 2008, the appellant (A) was employed by Bear Stearns in the risk arbitrage unit before and during the period that it was acquired by JP Morgan. A received an offer from JP Morgan to continue to work in his role at the bank, which he accepted. But ultimately in September 2008, he took up a role with Goldman Sachs instead along with other members of his team at Bear Stearns. On leaving Goldman Sachs in 2010, A received a termination payment of £627,965 which he reported in his tax return.

A claimed foreign service relief on the termination payment. The ‘foreign service’ related t...

Groves v HMRC [2014] UKFTT 858 (TC)

June 2016 #160

The appellant (A) in his capacity as executor of an estate appealed against the imposition of a late filing penalty of £400 in relation to a trust and estate tax return for the year 2012/2013.

HMRC sent A a notice on 6 April 2013 requiring submission of a trust and estate return for that year by 31 October 2013 for paper returns or 31 January 2015 if electronically. On 18 February 2014 HMRC sent A a notice of penalty assessment of £100 for failure to submit the return on time. A appealed to HMRC on 4 March 2014 stating that he had written to HMRC on 27 March 2013 clarifying that ...

Haastrup v Okorie [2016] EWHC 12 (Ch)

June 2016 #160

This was an application to strike out, or alternatively, for summary judgment in relation to, a claim in relation to the estate of Captain Haastrup brought by the claimant.

Captain Haastrup died on 8 October 2012 in England. On 20 January 2014, the claimant obtained letters of administration in Nigeria. On 20 June 2014, these letters were resealed in Leeds District Probate Registry. It subsequently emerged that the claimant had been injuncted by the Nigerian court to restrain him from relying on the letters of administration or from ‘parading himself as in any way as the administr...

HN v AN [2005] EWHC 2908 (Fam)

June 2016 #160

HN (the wife) married AN (the husband) on 30 September 2001. In July 2000 they had chosen a property known as Brooklands Farm (Brooklands) to be their future matrimonial home; it had been purchased in July 2000 for £725,000 by a Bahamian company called WP Ltd, which was owned by a Guernsey trust called the F Trust.

The F Trust was created on behalf of AN’s grandparents by a trust deed dated 19 January 1989. In 1998 various beneficiaries had received distributions in satisfaction of their respective entitlements and from this date only AN remained a beneficiary. In July 2000...

Hood [2016] UKFTT 059 (TC)

June 2016 #160

Lady Hood was the lessee of the property in Chelsea (‘the property’) pursuant to a lease (‘the head lease’) dated 21 September 1979 and made between (1) Viscount Chelsea (‘the head lessor’) (2) the Chelsea Land & Investment Company Limited (‘Chelsea land”); (3) Cadogan Holdings Company (‘Cadogan’) and (4) Lady Hood. The head lease contained a covenant by the lessee not to transfer underlet or part with possession of part of the demised premises without consent of Cadogan. The head lease also contained a right for the head lessor or the Company to forfeit the head lease for breaches o...

In the matter of F Trust –

June 2016 #160

The applicants, three trustees of the F Trust and the A Settlement (the trusts), applied, pursuant to s47A of the Trustee Act 1975 and/or the inherent jurisdiction of the Court, to set aside deeds of appointment and retirement of trustees executed in 2005 and 2008, respectively, to the extent that they appointed the first defendant as a trustee.

The F Trust and the A Settlement were established in Bermuda with the same corporate trustee in 1958 and 1968 respectively. Individual trustees were subsequently appointed. The first defendant, a British resident, was app...

Smith v Herbert [2014] EWHC 4177 (Ch)

June 2016 #160

The claimant was, together with his sister and brother, a beneficiary entitled to an interest in possession in land comprised within the Edmondsham Estate (children’s property) by virtue of a deed of appointment made in 1979 in exercise of a power contained in a settlement dated 17 March 1965 created by the late TAH Medlycott. Each life tenant was given power to settle his or her share on trust for such one or more of his or her children in such shares as should be appointed by deed or will. In default of appointment, each life tenant’s children were entitled to the capital i...