Hart & anr v Burbidge & anr 

WTLR Issue: October 2014 #143

In 2006 the deceased made a will directing a sale of two properties, No 7 and No 43 (the properties), with the proceeds to be shared between her sons (the Harts). On the same date the deceased gave another property, Unit 15, to her daughter and son-in-law, Mr and Mrs Burbidge, and also released them from a debt of £44,000...

Kaur v Dhaliwal & anr [2014] EWHC 1991 (Ch)

WTLR Issue: October 2014 #143

The claimant had made an application under the Inheritance (Provision for Family and Dependants) Act 1975 (Act) for provision out of the estate of Harcharan Singh Dhaliwal (deceased) who died on 7 June 2009. The question had arisen, as a preliminary issue, whether the claimant was a person who ‘during the whole of the period of two years immediately before the date when the deceased died… was living (a) in the same household as the deceased, and (b) as the… wife of the deceased’ within the meaning of s1(1A) of the Act...

Kershaw v Roberts & anr [2014] EWHC 1037 (Ch)

WTLR Issue: October 2014 #143

This hearing was an appeal from a decision of His Honr Judge Philip in which that judge found that an earlier hearing in the matter had not been a case management conference (CMC) and that therefore the respondent defendants were under no obligation to file and serve a costs budget seven days in advance of it...

King v Dubrey & ors [2014] EWCH 2083 (Ch)

WTLR Issue: October 2014 #143

The deceased, June Fairbrother, (D), a retired policewoman, made a will in March 1998 leaving legacies to friends and family, the 3rd to 14th defendants ,the executors and legatees and the residue to the 15th to 21st defendants, animal charities (the charities)...

Bayley & ors v SG Associates & ors [2014] EWHC 782 (Ch)

WTLR Issue: October 2014 #143

Mr John Bayley settled property on trust on 17 November 1983. He died in 1987. The trust was established with the assistance of the settlor’s longstanding business associate and friend, Mr Derek Gray, who provided various services to the trust through the first defendant, SG Associates (SGA), a company of which he was a director...

Re Dion Investments Pty Ltd [2013] NSWSC 1941

WTLR Issue: October 2014 #143

The Dion Family Trust was set up by deed as a discretionary trust in Papua New Guinea in August 1973 when Papua New Guinea was an external territory of Australia. It contains the following clause:

’15 [all potential beneficiaries] or any of them may at any time with or without the consent of the Trustee by deed revoke all or any of the trusts hereby declared and declare other trusts of the settled property and income derived therefrom in favour of such person or persons the said [potential beneficiaries] or any of them shall in their absolute discretion determine with or without a like power of revocation and variation PROVIDED THAT no trusts so declared may be declared in favour of the Settlor, the Trustee or any beneficiary who declares such trusts and they shall not nor shall any of them derive any benefit of any kind by virtue of trusts so declared… ‘...