Barclay v Smith [2016] EWHC 210 (Ch)

WTLR Issue: May 2016 #159

The claimants and first defendant were or had been trustees of a trust governed by a deed of trust. The trust assets had been transferred to the original trustees (the first to fourth claimants and the second defendant) upon their original appointment...

Blades v Isaac [2016] EWHC 601 (Ch)

WTLR Issue: May 2016 #159

The claimant was a member of a class of objects of a discretionary trust created by the will of Valerie Mary Lee who died on 19 June 2013. The defendants, who were partners in Tanners Solicitors LLP, were the trustees (including the sole proving executor)...

Davidson v Seelig [2016] EWHC 549 (Ch)

WTLR Issue: May 2016 #159

Two settlements known as the Manny and Brigitta Davidson settlements were established by Manny and Brigitta Davidson in 1967 upon broad discretionary trusts, with UK resident trustees. Manny and Brigitta had two children, Maxine and Gerald, born in 1958 and 1961 respectively...

Gledhill & anr v Arnold [2015] EWHC 2939 (CH)

WTLR Issue: May 2016 #159

By clause 3 of his will dated 19 August 2011 (2011 will) Eric Arnold (estator) gave his beneficial half share of 1 Sherbuttgate Road, Pocklington (house fund) to the claimants (trustees) upon trusts that conferred a life interest on the defendant with remainder ‘upon the trust hereinafter declared in regard to my residuary estate’...

Re Jones [2014] EWCOP 59

WTLR Issue: May 2016 #159

Mr Jones suffered from dementia and lacked testamentary capacity and capacity to make significant lifetime gifts. He had an estate of approximately £2.3m and was intestate. The effect of his dying intestate would be that, following the statutory legacy of £250,000 plus personal chattels to his wife, Mrs Jones, outright, Mrs Jones would receive half of the remainder of the estate absolutely and his daughter from a previous relationship, Ms Dawson, would receive the other half of the estate...

Re KJP [2016] EWCOP 6

WTLR Issue: May 2016 #159

This was an application for permission to appeal against a decision of District Judge Mort authorising the revocation of an enduring power of attorney (EPA) in respect of the property and affairs of K.

K executed the EPA on 17 July 2007 appointing his two children (the attorneys) to be his attorneys with general authority to act on his behalf in relation to his property and affairs...

PJV v Assistant Director [2016] EWCOP 7

WTLR Issue: May 2016 #159

This judgment was supplemental to an earlier judgment of Charles J in this case delivered last year ([2015] EWCOP 87). PJV suffered significant cognitive and behaviour problems as a result of non-accidental head injuries he experienced as a baby. His mother made a claim under the Criminal Injuries Compensation Scheme (CICS) for an award in respect of this injury...

Re SH [2016] EWCOP 2

WTLR Issue: May 2016 #159

SH, who was aged 93, lived with her granddaughter, FJ, in Walthamstow. She had three sons, two of whom, RL and KLC, also lived in London. In April 2002, RL paid the entire purchase price for his mother’s flat and, by a trust deed, SH acknowledged that he was the beneficial owner subject to her right to live there for as long as she wished on payment of all outgoings...

Usher [2016] UKFTT 050 (TC)

WTLR Issue: May 2016 #159

The appellants were the executors of the will of the deceased who had died on 15 October 2012. The appellants had filed an annual self-assessment return for 2012/13, covering the period from 6 April 2012 to the date of death, which under-declared the income for that period...

Re A [2016] EWCOP 3

WTLR Issue: May 2016 #159

C wished to stand down as deputy for her aunt A, and a professional deputy be appointed in her place. The application was opposed by D, who was A’s nephew and C’s cousin.

A was 78 and was a member of a titled family. She suffered from schizophrenia and had undergone a frontal leucotomy in 1962...