Barnsley & ors v Noble [2016] EWCA Civ 799

WTLR Issue: November 2016 #164

Michael and Philip Noble were brothers who built up a substantial property empire known as the Noble Organisation. It had a complex ownership and management structure involving a number of companies and partnerships and certain trusts for the benefit of their respective families...

Butler & anr v Butler & anr [2016] EWHC 1793 (Ch)

WTLR Issue: November 2016 #164

The parties were siblings who jointly owned 502 items of 17th century Chinese porcelain gifted to them by their father between 1987 and 1993 (the Butler Family Collection (the BFC)).

In 2012 the defendants and their father formed a partnership to own and merchandise another 208 such items (formerly owned by their father)...

Davies & anr v Davies [2013] EWHC 2623 (Ch)

WTLR Issue: November 2016 #164

Tegwyn and Mary Davies purchased a dairy farm known as Henllan in West Wales in 1972. It comprised a farmhouse, an attached cottage, outbuildings, and 182 acres of land. It was farmed with a nearby farm also owned by them known as Caeremlyn which they had purchased in 1961 (together ‘the farm’)...

Davis v Wiggett [2016] UKUT 358 (TCC)

WTLR Issue: November 2016 #164

Mr Davis employed Mr Wiggett in his building business from 2007 to 2011. According to Mr Wiggett, they had a common intention to purchase a flat, do it up and let it out. As he already had a mortgage, 68b Queen’s Road, Cheltenham (the flat) was bought in Mr Davis’ sole name for £137,500 in 2008 and, by virtue of their express agreement, on which he relied to his detriment by contributing to the purchase price and working on the property, Mr Wiggett claimed to be a beneficial co-owner under a common intention constructive trust and entitled to half of the equity...

Erceg v Erceg & ors [2016] NZCA 7

WTLR Issue: November 2016 #164

The Acorn Foundation trust and the Independent Group trust (‘trusts’) were established by the late Michael Erceg (‘settlor’) in the early 2000’s. The appellant, who was a brother of the Settlor, was included within the classes of both discretionary and ultimate beneficiaries of each of the trusts...

Gorbunova v Estate of Boris Berezovsky & ors [2016] EWHC 1829 (Ch)

WTLR Issue: November 2016 #164

B had been involved in litigation against A and the AP family (the litigation) from which he potentially stood to recover large sums of money. The claimant, G, was B’s long-term partner. In March 2012 the litigation deed was drawn up to reflect agreement between B and G regarding G’s entitlement to B’s assets (including the litigation)...

Poole & anr v Everall & anr [2016] EWHC 2126 (Ch)

WTLR Issue: November 2016 #164

This was a challenge to the formal and substantial validity of the last will of David Poole (the testator) dated 26 December 2012 (the December will) on the grounds of want of due execution, want of knowledge and approval, lack of testamentary capacity and undue influence...

Routier & anr v HMRC [2014] EWHC 3010 (Ch)

WTLR Issue: November 2016 #164

This appeal concerned whether a disposition in the will of the late Mrs Beryl Coulter (the deceased) is exempt from inheritance tax because it comprises property which is given to charities within the meaning of s23 of the Inheritance Tax Act 1984 (the IHTA)...