In the matter of the Baronetcy of Pringle of Stichill UKPC 16

WTLR Issue: September 2016 #162

This was a referral to the Privy Council under s4 of the Judicial Committee Act 1833, under which the Queen can refer matters to the Judicial Committee of the Privy Council for advice. On this reference, the Privy Council was asked to advise as to (i) who was entitled to be entered on the Official Roll of the Baronetage as the Baronet of Pringle of Stichill; and (ii) whether DNA evidence resulting from the obtaining of a DNA sample from the tenth baronet (Sir Steuart Robert Pringle) in late 2009 or early 2010 should be admitted in order to determine the first question...

Re D [2016] EWCOP 35

WTLR Issue: September 2016 #162

This was an appeal of an order allowing an applicant (I) for an order authorising her to execute a statutory will to be released from the obligation to serve the papers on someone entitled to a half share of the estate on intestacy and who would be disinherited if the statutory will was executed...

Davies v Davies [2014] EWCA Civ 568

WTLR Issue: September 2016 #162

The appeal concerned a proprietary estoppel claim by the respondent, Eirian, with respect to her parents’ pedigree dairy farm.

Eirian’s claim was precipitated by the fact that her parents had sought to evict her from the farmhouse where she was living...

Heer v Singha [2016] EWCA Civ 424

WTLR Issue: September 2016 #162

This was an appeal against a declaration that H held only 50 per cent of the beneficial interest in the property. The property was registered in the name of S, the former husband of the respondent.

H and S were childhood friends who had formed a partnership for acquiring properties together in around 1998...

Herring v Shorts 

WTLR Issue: September 2016 #162

The deceased (J) died on 2 June 2012, a widow with no children or close relatives. On 8 November 2011 J executed a will (the will) drafted by a solicitor (W). She made a number of pecuniary legacies including legacies of £54,000 each in favour of the claimants...

Re The K Trust Guernsey Judgment 31/2015

WTLR Issue: September 2016 #162

The settlor established a discretionary settlement (K Trust) under the laws of Guernsey in 1990. The protector, who was the first respondent, and the original trustee were friends and advisors of the settlor. B1, who was the first applicant, married the settlor in 1991 but they did not have any children...

Re RM [2016] EWCOP 25 (Fam)

WTLR Issue: September 2016 #162

In 2014 Roy and his wife had each executed a Lasting Power of Attorney (‘LPA’) for property and financial affairs in which they appointed their spouse, son (Philip), and daughter (Sue) jointly and severally to be their attorneys and an LPA for health and welfare in which they appointed Sue to be their sole attorney...

Randall v Randall [2016] EWCA Civ 494

WTLR Issue: September 2016 #162

This appeal concerned when a party has standing to bring a probate claim. The appellant (H) and respondent (W) were divorced. As part of the divorce settlement, they agreed that if W were to inherit more than £100,000 from her mother, she would keep the £100,000 and the balance would be split equally between H and herself...

TM v AH [2016] EWHC 572 (Fam)

WTLR Issue: September 2016 #162

The wife applied to join the trustees of the A trust and the B trust as parties to the litigation between the husband and wife. The husband was the settlor of both trusts. At one point husband and wife had been beneficiaries. They have now been irrevocably excluded from benefit...

Collins v Collins [2016] EWHC 1423 (Ch)

WTLR Issue: September 2016 #162

Anthony Collins (settlor) had three children by his marriage to Valerie Collins, namely Rachel who was born in 1989, Michael who was born in 1991 and Charley who was born in 1998 (children). The settlor was entitled to a whole life policy with Allied Dunbar (policy) and, during the course of divorce proceedings, gave an undertaking to the court to execute a declaration of trust in favour of the children on terms to be agreed between the parties...