First City v Zumax [2019] EWCA Civ 294

WTLR Issue: Summer 2019 #175

The claimant held accounts in Nigeria with IMB International Bank, whose rights and obligations had been inherited by the defendant through a series of mergers. IMB itself held ‘correspondent’ accounts with a London bank. The claimant often received funds to an Isle of Man nominee which held a bank account in London...

Griffin v Higgs [2018] EWHC 2498 (Ch)

WTLR Issue: Summer 2019 #175

By her last Will and Codicils thereto Patricia Folkes appointed the First and Second Defendants, who were her solicitors, and the Third Defendant, who was her accountant, to act as executors (“Executors”). Her estate, which included a large house in substantial grounds called Stourton Hall and a holiday home at Pen-y-Graig, was left on discretionary trusts for the benefit of her three children and seven grandchildren...

Gupta v Gupta 2018 EWHC 1353 (Ch)

WTLR Issue: Summer 2019 #175

The Claimant (‘Rakesh’) sought to pronounce against the only will made by his late mother, Urmila Rani Gupta (‘the Will’). The Defendants were his two siblings (‘Naresh’ and ‘Sashi’), their children and his own children...

Hanspaul v Ward Case No: HC-2014-000054

WTLR Issue: Summer 2019 #175

The claimants had applied to remove the 1st to 5th defendants as trustees, and the 6th defendant as protector, of a settlement which owned shares in the family company, and for a relief as to the disputed issue of preference shares in the company...

Kholi v Proles [2019] EWHC 193 (Ch)

WTLR Issue: Summer 2019 #175

This was an oral renewed application for permission to appeal from an order and judgment of the master, who found that the deceased had died domiciled in England and Wales. The deceased’s domicile of origin was India and he died there. There was no appeal against the statement by the master of the legal principles involved in determining domicile...

LCN v KF Neutral citation: [2019] EWCOP 1

WTLR Issue: Summer 2019 #175

CJF was a thirteen year old boy who suffered very serious neurological damage at birth. He was initially cared for by his mother, KJF, but she had also suffered complications as a result of CJF’s birth, so he ended up being cared for by a foster parent, LR under a Special Guardianship order...

Ninian v Findlay [2019] EWHC 297 (Ch)

WTLR Issue: Summer 2019 #175

Mr and Mrs Ninian were married in 1983 when he was aged 49 and she was aged 28. They had a long and loving marriage but had no children or dependents. Thirty years later, when he was aged 80, Mr Ninian was diagnosed with a progressive incurable disease, Progressive Supra-nuclear Palsy...

Phillipe v Cameron [2012] EWHC 1040 (Ch)

WTLR Issue: Summer 2019 #175

The claimants were the trustees (‘trustees’) of land at Sandy Lane, Cheam (‘land’) which had been occupied by St Andrew’s (Cheam) Lawn Tennis Club (‘club’) since the execution of a declaration of trust dated 11 July 1938 (‘trust deed’)...

Prise v Saundry [2019] EWHC 496 (Ch)

WTLR Issue: Summer 2019 #175

The First Defendant sought to rectify two declarations of trust entered into by the Claimant and the deceased husband of the First Defendant (“Mr Saundry”) in 2006 and 2009. The trusts arose out of a residential property business operated by Mr Saundry and the deceased husband of the Claimant (“Mr Price”)...

A v K [2017] JRC 100

WTLR Issue: Summer 2019 #175

Introduction

W, who died some years ago, established several settlements (referred to generally as ‘the General Family Trusts’), either directly or by trustees to whom he had provided funds. The value of the General Family Trusts was very substantial indeed...