Chadwick v Lypiatt [2018] EWHC 1986 (Ch)

WTLR Issue: Spring 2019 #174

This case concerned the ownership of the property and copyright interests in the bulk of the works of Lynn Chadwick (‘the Artist’), one of the leading British sculptors of his time and whose works are exhibited at leading galleries and museums around the world...

Gelber v The Sutherland Foundation [2018] EWHC 2344 (Ch)

WTLR Issue: Spring 2019 #174

The claimants and two of the defendants were all grandsons of the 11th Duke of Marlborough and beneficiaries of a settlement made on 13 October 1981. The trustees of the 1981 settlement are a Guernsey foundation and one of its council members. The foundation was not a trust corporation within the meaning of s68(18) Trustee Act 1925...

HMRC v Parry [2018] EWCA Civ 2266

WTLR Issue: Spring 2019 #174

Shortly before her death the director of a company (S) transferred the funds from a company pension policy acquired by her on her divorce from her ex-husband and known as a s32 buyout policy (the s32 policy) to a personal pension policy (PPP) issued by AXA...

Investec v Glenalla Neutral citation: [2018] UKPC 7

WTLR Issue: Spring 2019 #174

The Background

The Privy Council heard eight appeals arising from the management of the Tchenguiz Discretionary Trust (“TDT”) between March 2007 and October 2008.

The TDT is a discretionary trust governed by the law of Jersey; in the period in question it had two trustees which were governed by Guernsey law: Investec Trust (Guernsey) Limited (“Investec”) and Bayeux Trustees Limited (collectively “the Trustees”)...

Hogarth v HMRC [2018] UKFTT 0595 (TC)

WTLR Issue: Spring 2019 #174

The appellants were trustees of a life interest trust, the income of which was mandated to the life tenant and passed directly to him. HMRC served a notice under s8A of the Taxes Management Act 1970 to file an income tax return on the trustees...

Lomax v Greenslade [2018] EWHC 2623 (Ch)

WTLR Issue: Spring 2019 #174

The three adult children of a Mr Lomax brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against Ms Greenslade, the sole executor and beneficiary of Mr Lomax’s estate.

At trial HHJ Bailey concluded that the estate, which comprised a single property in London valued at £699,000, failed to make reasonable provision for the three children...

Macintyre & anor v Oliver & ors [2018] EWHC 3094 (Ch

WTLR Issue: Spring 2019 #174

The claimants were the trustees of the trusts arising under the wills of Violet Hamblen-Thomas (Violet) and Charles Hamben-Thomas (Charles). They had issued a Part 8 claim form seeking the guidance of the court as to the true construction of the will trusts and as to the identification of the beneficiaries, represented by the defendants...

Perwaz v Perwaz [2018] UKUT 325 (TCC)

WTLR Issue: Spring 2019 #174

The Respondent was originally the sole proprietor of 54 Beaulieu Close, Slough (‘Property’). The Appellant, who was one of her children, managed the family wholesale grocery business. He and his wife moved into the Property to live with the Respondent and spent money on its extension and refurbishment...

Sheffield v Sheffield [2018] EWHC 2360 (Ch)

WTLR Issue: Spring 2019 #174

Following judgment upholding claims for various breaches of trust (Sheffield v Sheffield & ors [2014] WTLR 1039, [2013] EWHC 3927 (Ch)), the judge ordered accounts, on the footing of wilful default, and inquiries consequent upon the judgment...