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...

Tachi v Woodward [2018] EWHC 2519 (Ch)

WTLR Issue: Summer 2019 #175

The Claimant issued proceedings in October 2016 inviting the Court to pronounce against the will of the deceased dated 12 June 2007 and in favour of an earlier will dated 10 October 2006, which appointed the Claimant and one other as executors. The Defendant was the sole executor and beneficiary of the 2007 will...

Bhusate v patel [2019] EWHC 470 (Ch)

WTLR Issue: Summer 2019 #175

The claim related to the estate of Mr Bhusate who died on 28 April 1990. His first wife (Mrs Bhusate) had died in 1971. The 1st to 5th defendants were Mr Bhusate’s children by his marriage to Mrs Bhusate. The claimant was his third wife. The 6th defendant was the only child of Mr Bhusate and the claimant...

Blyth v Sykes [2019] EWHC 54 (Ch)

WTLR Issue: Summer 2019 #175

The deceased died a widow on 9 January 2016, aged 81. Among her possessions at the time of her death was an envelope containing a copy of a will executed on 11 April 2008 (the will). The envelope also contained an unsigned draft of the will and an invoice from solicitors in respect of its preparation...

Cowan v Foreman [2019] EWHC 349 (Fam)

WTLR Issue: Summer 2019 #175

The claimant applied for an order under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act), s2, against the estate of her deceased husband (the deceased). Probate of the deceased’s will was granted on 16 December 2016 and the application was made on 8 November 2018...

Ankul Daga v Aparna Bangur [2018] EWFC 91

WTLR Issue: Summer 2019 #175

Following decree absolute in October 2017, the husband sought a lump sum payment from the wife, out of two discretionary trust funds of which the wife was settlor, with a combined value of £17.5m, the trustee of which was an offshore company. The beneficiaries were the ‘family members’ of the settlor...