Brudenell-Bruce, Earl of Cardigan v Moore & ors [2013] EWHC 4408 (Ch D)

May 2014 #139

The claimant, Mr Brudenell-Bruce Earl of Cardigan brought a claim for breach of trust against two trustees of the Savernake Estate trust of which he is a beneficiary.

Mr Moore is a lay trustee of the trust. Mr Cotton is a professional trustee and an accountant. No claim was brought against the third trustee Mr Ford.

On 14 November 2013 the claimant applied for permission to amend his particulars of claim. A draft of the proposed re-amendments was supplied to all parties on 1 October 2013. The second defendant replied to the draft stating that he was minded to agree to the...

Ilott v Mitson & ors [2014] EWHC 542 (Fam)

May 2014 #139

This was an appeal against quantum in an application under the Inheritance (Provision for Family and Dependants) Act 1975. The deceased was called Melita Jackson and the appellant was her estranged daughter.

The proceedings had a protracted history. There was an initial hearing of the claim in front of District Judge Million on 7 August 2007. He found as facts that the appellant and her husband and family lived modestly in a housing association house. They were heavily dependent on state benefits. The appellant did not work and her husbands income was small. The family’s ...

Loring v Woodland Trust [2013] EWHC 4400 (Ch)

May 2014 #139

The testatrix, T, died on 1 September 2011 leaving an estate with a net value of £680,805. Her will, dated 2 February 2001, included provision for a nil rate band legacy for her children and grandchildren under clause 5 which stated:

‘MY TRUSTEES shall set aside out of my residuary estate assets or cash of an aggregate value equal to such sum as is at the date of my death the amount of my unused nil rate band for inheritance tax and to hold the same for such of the following as shall survive me.’

The residue was left to the first defendant, the Woodland Trust ...

Markou & anr v Goodwin & ors [2013] EWHC 4570 (Ch)

May 2014 #139

Mrs Eileen Rand died on 4 November 2007 aged 79 having executed two wills during her lifetime – one dated 20 June 2007 and the other 18 December 1969.

Mrs Rand had two siblings – Horace (known as Bill) and Derek. Bill married twice, the second time to Mrs Rand’s best friend since school Lillian (known as Pat).

In 1967 at the age of 38 Mrs Rand married for the first and only time to Edward Rand (known as Ted). Ted was already a widower and much older than Mrs Rand. Ted died after 18 months of marriage and left his entire estate including the martial home to Mrs Rand. Ted had...

National Westminster Bank plc v Lucas & ors [2014] EWHC 653 (Ch)

May 2014 #139

The television presenter Jimmy Savile (the deceased) died on 29 October 2011. His estate had an approximate value of £3.3m after the deduction of various expenses incurred by the date of this hearing. By his will, the deceased appointed National Westminster Bank plc (the bank) to act as his personal representative. The deceased’s will makes gifts to a number of individual beneficiaries, one of which was the fifth defendant, the deceased’s niece, who was appointed to represent the interests of these individual beneficiaries (the individual beneficiaries). Thereafter the deceas...

Pullan v Wilson & ors [2014] EWHC 126 (Ch)

May 2014 #139

The claimant (Mr Pullan) was a beneficiary of ten high-value family trusts. The first defendant (Mr Wilson) was an accountant who had been appointed as a professional trustee of those trusts. Mr Wilson was also a non-executive director of three of the companies in which the trusts held shares. The second and third defendants were the co-trustees of the ten trusts and were not subject to the relief sought by Mr Pullan.

Mr Pullan brought a claim against Mr Wilson as he considered that the professional charges of £849,890 for the period from 12 March 2007 to 4 November 2010 exceeded...

R (on the application of Walford) v Worcestershire County Council & anr [2014] EWHC 234 (Admin)

May 2014 #139

The claimant challenged the decision of Worcestershire County Council to uphold its reversal of a previous decision to disregard a property, (Sunnydene) owned by her mother (Mary) in calculating her mother’s ability to pay care home charges.

Mary had lived at and owned Sunnydene for many years. Mary entered long term care on 24 November 2006. Shortly thereafter the claimant was informed that the property would not be disregarded after the 12 week statutory period. The claimant responded and requested a disregard. The claimant is over 60. She explained that although, since 1...

White v Matthys & ors [2014] EWHC 648 (Ch)

May 2014 #139

Joseph Robson (the deceased) had two sons, the fourth and fifth defendants. When he retired in 1992, the deceased sold his residential property and moved to Spain. He did not own any property in the UK thereafter.

By a will dated 30 March 1995, the deceased left his Spanish estate to the fourth defendant absolutely. By a will dated 29 November 2006 (the 2006 will), the deceased appointed the claimant as his executor and left his residuary estate outside Spain to the British National Party (the BNP). The deceased died on 21 March 2010 leaving a net English estate of approximately £...