Henchley & Ors v Thompson [2017] EWHC 225 (Ch)

Winter 2018 #170

The claimants were the beneficiaries of two trusts created by the late WCC Henchley (‘Settlor’). The NE Henchley Trust (‘First Trust’), dated 1 September 1960, provided for the trust assets to be held upon trust for the Settlor’s wife for life or until remarriage with remainder for such of his children as were then living and if more than one in equal shares. The trust assets, which once included bank accounts and a portfolio of investments, now consisted of the residence of the Settlor’s wife at 395 Cockfosters Road, Whaddon Lodge (‘Property’). By a Deed of Appointment dated 20 November...

James v James [2018] EWHC 43 (Ch)

Winter 2018 #170

The deceased was a self-made man who had operated a farming business and a haulage company in partnership with his wife (the third defendant) and his son (the claimant). Over the course of his life, he purchased a number of parcels of agricultural land in Dorset. In 2007 he gave two of these parcels to one of his daughters (the first defendant). In 2009 the partnership dissolved, and the deceased transferred one of the parcels to himself and the third defendant to hold jointly. At the same time the claimant was given one of the parcels and the haulage business.

The deceased died i...

Miles v Miles

Winter 2018 #170

The appellant, Matthew Miles, one of the original beneficiaries under the will of the deceased, appealed from the order of district judge Harper dated 16 December 2016. The application before the judge was for reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975 made by Marion Miles, Matthew Miles’ mother. The judge had ordered that all of the deceased’s estate should go to Marion.

There was no appeal from any of the other beneficiaries. It was accepted that the deceased had not made reasonable provision for Marion. The sole issue was ...

Ong v Ping [2017] EWHC Civ 2069

Winter 2018 #170

Morgan J had held that the late Lim Lie Hoa (Madam Lim) had until her death in 2009 held the house, its proceeds of sale and other rights relating to it upon the trusts of a settlement dated 14 December 1985 signed by her and by the appellant Ong Siauw Ping (Ping), her son.

Ping had opposed the claim that the house was held upon the declared or any trust. The only issues raised by the appeal were: (i) whether Madam Lim made a declaration of trust in respect of the house; and, if she did, (ii) whether it was ‘manifested and proved’ by the writing requirements of s53(1)(b) ...

The Public Guardian v Matrix Deputies Ltd & anor Neutral citation: [2017] EWCOP 14

Winter 2018 #170

This judgment concerned proceedings brought by the Public Guardian seeking (1) discharge of all appointments of Matrix Deputies Ltd (Matrix) and its employees DW and OM as property and affairs deputy; (2) the refusal of any pending applications; and (3) the appointment of either the local authority or a panel deputy instead. 

There was ultimately no contested hearing in this matter. The appointments of OM and DW were discharged and they were discharged from proceedings with their consent. Matrix continued to contest the applications until a matter of days before the final hearing...

RBC v Stubbs [2017] EWHC 180 (Ch)

Winter 2018 #170

The claim was brought to rectify two deeds of revocation and appointment made in 2008 and 2014, or alternatively to rescind them on the grounds of mistake.

Each of the settlor’s adult children had an interest in possession in a one sixth share of the trust fund. In 2004, in order to ensure that no inheritance tax was payable upon their one sixth share of the trust fund as a result of their deaths, the trustees appointed successive life interests for the spouses of two of these children, Michael and Joanna. Unfortunately, both Michael and Joanna’s marriages ended in divorce. The tr...

Ross v HMRC [2017] UKFTT 507 (TC)

Winter 2018 #170

Mrs Ross originally owned a hotel called the Port Gaverne Inn in Cornwall and later acquired eight holiday cottages across the road called the Green Door Cottages. When she was no longer fit enough to run the business, the hotel was sold though its new owner agreed to provide services to guests renting out the cottages. A handyman was employed by the partnership which owned the cottages and other properties. When Mrs Ross died on 7 November 2011, she was entitled to a two-thirds share in the partnership and the total value of all the properties held by it amounted to £1.5m. The appellant...

SAD & Anr v SED
 [2017] EWCOP 3

Winter 2018 #170

The respondent, who had a history of mental health problems, made a lasting power of attorney (‘LPA’) for property and financial affairs on 1 April 2014 appointing as attorneys her mother and her two daughters, the latter of whom were the applicants. It was then registered by the Office of the Public Guardian. On 25 September 2015 the respondent executed a deed, which had been prepared by a solicitor whom she had not previously instructed, revoking the LPA. Its registration was subsequently cancelled by the Office of the Public Guardian. On 4 December 2015 the applicants made an applicat...

Sargeant v Sargeant Neutral citation: [2018] EWHC 8 (Ch)

Winter 2018 #170

Joe Sargeant (the deceased) died on 10 May 2005 leaving a will dated 20 February 2002. He left a surviving spouse, Audrey Sargeant (who was known as Mary), and two children, Jeff and Jane. By the will, he left his guns and fishing equipment to Jeff and the balance of his personal chattels and the benefit of a life policy worth £75,000 to Mary. The remainder of his estate was left to his trustees on discretionary trust. The class was limited to Mary, Jane and Jane’s issue. His estate was valued at just over £3.2m.

Mary brought a claim under the Inheritance (Provision for Famil...