Re the A Trust [2012] JRC169A

September 2013 #132

Some of the beneficiaries (the representor beneficiaries) of two Jersey trusts applied for an order to remove the protector of each trust from office. The beneficiaries felt that their relationship with the protector had broken down. The majority of the other adult beneficiaries who did not take part in the legal action shared this view.

The protector did not wish to retire. He felt he was the living guardian and enforcer of the settlors’ wishes. He insisted that he felt no hostility towards the beneficiaries.

Held (removing the protector):

  1. (1) Th...

Evans & ors v Lloyd & anr [2013] EWHC 1725 (Ch)

September 2013 #132

Wynne Evans (Wynne) died on 2 September 2006 at the age of 79. He had worked on a farm from the age of 14. The farm latterly belonged to the defendants, David Lloyd (David) and his wife Elizabeth Lloyd (Elizabeth). Previously it had belonged to David’s parents and grandparents.

There was an issue as to whether Wynne had died testate or intestate. The claimants argued he died intestate but the defendants argued that he died testate and that the will, of which David was residuary beneficiary, had been lost.

The first claimant Howell Evans (Howell) is Wynne’s sole ...

Fyfe v Watts & ors; Watts & anr v Watts & anr [2013] EWHC 1374 (CH)

September 2013 #132

Two sets of proceedings had come before the court, which had involved several applications. An order was made on 8 May 2013 by Deputy Judge Foster, which awarded costs. On 30 May 2013 Deputy Judge Foster set out her reasoning behind that order. The proceedings were in respect of a trust for the primary benefit of Louise Fyfe (the trust). The proceedings related to the successful removal of Mr John Watts (the defendant) as trustee and to a claim against the defendant for misappropriation of trust property (the property) which was in reality bought by a company owned by the trust (Dream St...

Re Goodman (dec’d) [2013] EWHC 758 (Ch)

September 2013 #132

Everard Goodman (the deceased) died on 17 April 2011 leaving a will dated 15 December 2010 (the will) naming his sons, the claimants (C), his daughter, the second defendant (D2), and his widow, the first defendant (D1), as executors. However, relationships between the parties were very poor and, on 16 August 2012, D1, a beneficiary under the will as well as one of the executors named in it, issued an application for an independent professional to take over the administration of the deceased’s estate under s50 of the Administration of Justice Act 1985 (the 1985...

Hart & anr v Burbidge & ors; Samways & ors v Burbidge & ors [2013] EWHC 1628 (Ch)

September 2013 #132

The deceased, Phyllis Hart née Samways (W) died on 7 November 2008 aged 86. Her husband (H) had died in January 2005. They left three children, two sons, Kenneth (K) and Paul Hart (P) and a daughter Susan Burbidge (S), who all have children of their own. W had a twin sister (J) who died four weeks after her and three other surviving siblings: Arthur, Graham and Christine (the Samways). Some eight years before he died H wished to sell the family firm to one of his children, but only S and her husband (B) were prepared to take it over on his terms, which did not include the transfer of the...

Re MF Global UK Ltd [2013] EWHC 1655 (Ch)

September 2013 #132

MF Global UK (MFG UK) went into administration and, as a result, all client funds were pooled and needed to be rateably returned to MFG UK’s clients. This had to be done in a timely fashion. There were a significant number of client claims which the administrators had rejected either in full or partially. There were also likely to be a significant number of clients whose details did not appear among MFG UK’s records but who would also have a valid claim. These difficulties meant that any distributions from the pooled trust monies could result in an over-distribution and the a...

Prest v Petrodel Resources Ltd & ors [2013] UKSC 34

September 2013 #132

Michael Prest (husband) and Yasmin Prest (wife) were married for 15 years and had four children before the wife petitioned for divorce in March 2008. During the marriage the matrimonial home was in England, though for most of the time the husband was found to be resident in Monaco and there was also a second home in Nevis. Petrodel Resources Ltd (PRL), which was incorporated in the Isle of Man, was the legal owner of the matrimonial home and five other residential properties in the United Kingdom. PRL was part of a group of companies, one of which was the legal owner of two more resident...

Williams v Wilmot [2012] EWHC 2211 (Ch)

September 2013 #132

The claimant sought probate of a will of Dr Cecil Monk (the deceased) dated 5 December 2003 by which the deceased left his entire estate to the claimant. The claimant also sought, in so far as it was necessary, an order that the deceased’s later will of 19 January 2007 be pronounced against on grounds of a lack of testamentary capacity and/or a lack of knowledge and approval.

The defendant, who did not appear and was not represented, was formerly engaged in caring for the deceased. He was an employee of a care agency to whom the relevant local authority had contracted out the care...

Rainbird & anr v Smith & ors [2012] EWHC 4276 (Ch)

September 2013 #132

Green v Astor & onrs [2013] EWHC 1857 (Ch)

September 2013 #132