Re the A Trust [2012] JRC169A

WTLR Issue: 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...

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

WTLR Issue: 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...

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

WTLR Issue: 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)...

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

WTLR Issue: 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 Act)...

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

WTLR Issue: 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...

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

WTLR Issue: 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...

Williams v Wilmot [2012] EWHC 2211 (Ch)

WTLR Issue: 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...