Hirachand v Hirachand & anr [2021] WTLR 185
Spring 2022 #186The deceased left the entirety of his modest estate to the appellant, his wife of many years. At the time of the proceedings, the appellant was a frail woman in her 80s who was profoundly deaf and living in a care home. The respondent, the estranged adult daughter of the deceased, brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975. The appellant originally failed to file an acknowledgment of service and evidence in accordance with CPR 8.4-8.6. She obtained relief from sanctions by consent but failed to meet the new deadline. No further ...
JTC Employer Ser Trustees Ltd v Khadem [2022] WTLR 203
Spring 2022 #186Mr Khadem’s employer established a pension plan for him, with HMRC approval, which was tailored for employees who may retire abroad. On his retirement in 2004 he remained in England as his wife continued to work as a consultant and professor. As his wife approached her retirement they discussed where they should live and decided to move to the UAE, which Mr Khadem did in March 2018.
The claimant and Mr Khadem each took tax advice on 12 December 2018. It was to the effect that the UAE only provides a tax domicile certificate covering the period up to the date of the application for...
Kambli v AR & anr [2022] WTLR 221
Spring 2022 #186P had had a series of professional deputies, each seeking to be discharged on the basis of an irretrievable breakdown in relations with P’s family, particularly AR, P’s father.
Earlier proceedings in the Court of Protection (see [2019] EWCOP 15) concluded with an order appointing K as property and affairs deputy for P. By an application dated 13 August 2020, K applied to be discharged as deputy, and for the appointment of another panel deputy instead. That application was refused on paper in October 2020, but K sought reconsideration of his application. On 10 December 2020 the cou...
Kaur v Bolina & anr [2022] WTLR 235
Spring 2022 #186The claimant and the deceased were married in 2012. In 2014, the deceased petitioned for divorce and also executed a will by which he bequeathed his entire estate to his children, the defendants, leaving express wishes that the claimant should not benefit from his estate. However, he and the claimant were then reconciled and the petition withdrawn. In 2018, the deceased again petitioned for divorce, and in February 2019 he and the claimant separated with the claimant leaving the deceased’s property in Edgar Road, London, but the deceased died on 30 September 2019 before any decree. The f...
Re P [2022] WTLR 251
Spring 2022 #186A mother, D, acting as litigation friend for her 11-year-old son, C, sought a declaration that the son’s father, P, was presumed to be dead. D and P were partners who cohabited and raised C together, but were never married nor in a civil partnership. In April 2011 P flew to South America with his friend G to enjoy a holiday. P kept in regular contact with D until his communications abruptly ceased while he was in Lima, Peru. P’s last known communication was a text message sent to D on 16 May 2011. G also ceased to communicate with his loved ones. Neither P nor G had been seen or heard fr...
Partington v Rossiter [2022] WTLR 257
Spring 2022 #186The deceased was domiciled in Russia and entitled to assets in Jersey. He made a will in the UK in 2013. He had initially prepared a draft himself, which defined his estate as his property, money and investments in the UK, and made specific legacies to his children in respect of his Jersey assets. The deceased’s solicitor advised him that the will did not need to refer to specific assets and it was redrafted. Clause 1 of the executed will stated ‘I confirm that this will only has effect in relation to my UK assets’. It divided the residuary estate equally between his children. The deceas...
Rowland v Blades [2022] WTLR 269
Spring 2022 #186The parties were in a relationship from 2006. In 2008 they acquired a property in their joint names which they held as beneficial joint tenants, which was intended for use at weekends and holidays. In 2009 the parties separated. The respondent asked the appellant not to take his new partner to the property, and he agreed. The respondent spent most weekends there until the proceedings commenced and an order for sale was made. The appellant argued that he had been excluded from the property from 2009 until 2018, and claimed occupation rent. The respondent argued the appellant had voluntari...
Sismey v Salandron [2022] WTLR 281
Spring 2022 #186H was married to W, and they had a son, T. They all lived in a property in Derbyshire (the property), which was owned by H. While T was a child and H was working abroad, H met M in the Philippines and formed a relationship with her. H and W separated, and W and T moved out of the property and into one owned by W. H retained the property as his home when in the UK. H and M had a child, J, and after that H, M and J moved to live together in the UK, in the property.
W petitioned for a divorce from H and a consent order in the financial remedy proceedings was approved by the judge and...
Wang v Darby [2022] WTLR 327
Spring 2022 #186The parties entered into contracts whereby they exchanged specified quantities of cryptocurrencies, namely Tezos and Bitcoin, on terms of reciprocal restoration of the same amounts of each currency upon or after an agreed period of two years. The claimant applied to continue a worldwide freezing order and proprietary injunction. The defendant applied to strike out/enter summary judgment on the proprietary claims.
Held – applications granted in part
- 1) Principles:
- a) Fungible and non-identifiable digital assets constitute property ...
Re X Trusts [2022] WTLR 355
Spring 2022 #186On 23 October 2020 the Bermuda Supreme Court granted a Public Trustee v Cooper Category 2 application for a ‘blessing’ of the applicant trustees’ decision to develop preliminary proposals for the future administration of an apparently very valuable group of private trusts, referred to as ‘the X Trusts’. The preliminary proposals contemplated restructuring the X Trusts by way of an unequal division of the trust assets between two branches of the beneficiary family. One branch of the family supported these proposals, the other did not.
Implementation of the trustees’ propos...