Walden v Atkins [2013] EWHC 1387 (Ch)

WTLR Issue: October 2013 #133

In 1971 Michael Walden purchased a property from his grandmother and as part of the agreement she could live in the property for life.

In 1975 he verbally agreed to sell the property to his uncles Dennis and Maurice Walden for £15,000, with £8,000 of the purchase price left outstanding as an interest free loan repayable on the second of Dennis and Maurice to die...

Zarrinkhat v Kamal & ors HC12F02461

WTLR Issue: October 2013 #133

Iranian born Mrs Theodore (the testatrix) died domiciled in England on 18 February 2009. She left a will dated 29 October 2002 which distributed her £573,000 estate primarily between her adult niece and son (the first and fourth defendants). She also left a legacy of £50,000 to her then 51- year-old daughter (Ms Zarrinkhat)...

AIB Group (UK) plc v Mark Redler & Co Solicitors [2013] EWCA Civ 45

WTLR Issue: October 2013 #133

In 2006, Drs Ravindra and Salma Sondhi applied to the claimant (AIB) for a loan of £3.3m, to be secured against their private home, in order to provide finance for their business. The application stated that the Sondhis’ home was worth £4.5m but was subject to an existing mortgage in favour of Barclays Bank to secure an outstanding loan of £1...

Re Ashkettle [2013] EWHC 2125 (Ch)

WTLR Issue: October 2013 #133

Mrs Louisa Ashkettle (the testatrix) died on 27 September 2007, aged 86. She left two wills dated 2 October 1986 and 18 January 1999. While the 1986 will left everything equally between her two sons (the claimants) and her daughter (the respondent), the 1999 will (the will) left everything to the respondent...

Re Boff 12338771

WTLR Issue: October 2013 #133

On 9 September 2012, the first respondent (Dr Boff) executed a lasting power of attorney for property and financial affairs, in which she appointed her husband to be her sole attorney, and then attempted to appoint three replacement attorneys in order of succession...

Feltham v Bouskell [2013] EWHC 1952(Ch)

WTLR Issue: October 2013 #133

The defendant firm of solicitors had acted for Hazel Charlton (testatrix) of 12 Cecilia Road, Leicester, in relation to a will that she had made on 14 May 1998 (1998 will). The testatrix, who had been previously married twice, had spent the last 20 years with her partner, John Fishbein, latterly living in his house at Barton on Sea...

Re the Hampel Discretionary Trust 1999 [2012] EWHC 2395 (Ch)

WTLR Issue: October 2013 #133

The claimants purchased a property in Cornwall in 1999. Their intentions were to create a discretionary trust of which they were to be the initial trustees, in favour of a class of beneficiaries consisting of their children and grandchildren and any further person or class of person nominated by the trustees...

Schomberg & ors v Taylor & ors [2013] EWHC 2269 (Ch)

WTLR Issue: October 2013 #133

The testatrix (W) was the second wife of the late Brian Taylor (H) and had two step sons, David (D) and Paul (P), the first and second defendants. She had a sister, Penny, who married the eighth defendant, Mr Bruce Peskin (B), and who had three children, the fifth to seventh defendants, Cindy, Andrew and Dominic (the 2008 beneficiaries)...

Re Treadwell (dec’d) [2013] EWHC 2409 (CoP)

WTLR Issue: October 2013 #133

The public guardian made an application to enforce a security bond of £44,300 in respect of unauthorised gifts made by the late Mrs Joan Treadwell’s deputy for property and financial affairs, Colin Lutz, who was her son from her first marriage...