CASES
December 4, 2023
Administration of Estates, Wills & Trusts
Pierce v Barton [2023] EWHC 3016 (Ch) [2023] 111 WLUK 520
A decision of HHJ Paul Matthews of 29 November 2023 on the construction of a clause in a will. The court was able to use background information including solicitor’s attendance notes to construe words in the
CASES
November 14, 2023
Disputed Wills, Wills & Trusts
Weaver v. Smith [2023] EWHC 1200 (Ch)
A decision of HHJ Jarman KC (sitting as a High Court Judge) regarding the proper construction and rectification of a deed of easement.
CASES
November 9, 2023
Disputed Wills, Wills & Trusts
Stoney-Andersen v. Abbas [2023] EWHC 2964 (Ch)
A claim to remove the executor of a deceased’s estate under s.50 of the Administration of Justice Act and to determine the effect of manuscript amendments to a will.
CASES
October 5, 2023
Agriculture & Rural Affairs, Wills & Trusts
Luigi Vasami & Grazia Vasami v Tony Hack & Arlene Hack [2023] EWHC 2431 (Ch)
Christopher Jones was instructed by Harrison Clark Rickerbys to act for the defendants in a case involving the ownership of high-value pedigree dairy herd and equipment, a claim for an account of tuberculosis compensation payments (value
CASES
September 1, 2023
Agriculture & Rural Affairs, Proprietary Estoppel, Real Estate, Wills & Trusts
Spencer v Spencer [2023] EWHC 2050
Christopher Jones was instructed by Tim Russ of Roythornes Solicitors, and led by Stephen Jourdan KC, to represent Michael Spencer in his farming proprietary estoppel claim. Michael’s claim was based upon promises made to him by his
CASES
August 9, 2023
Disputed Wills, Wills & Trusts
Ingram and Whitfield v Abraham [2023] EWHC 1982 (Ch)
The High Court handed down judgment on 3 August 2023 in the case of Ingram and Whitfield v Abraham [2023] EWHC 1982 (Ch). John Dickinson, instructed by Clarke Willmott LLP, acted for the successful claimants in their challenge, which was based
CASES
June 12, 2023
Proprietary Estoppel
Hughes v. Pritchard [2023] EWHC 1382 (Ch)
A proprietary estoppel claim relating to a farm in Anglesey, an unusual feature of which was that the promisee had died before the promisor. The court had to consider questions of detriment, countervailing benefits and unconscionability.
CASES
May 31, 2023
Disputed Wills, Wills & Trusts
Harvey v. Van Hoorn [2023] Ch 500; [2023] 3 WLR 447; [2023] WTLR 1323; [2024] 1 P&CR DG2
A significant decision in which it was held that children who were objects of a mere (fiduciary) power had an “interest” for the purposes of section 1(1)(a) of the Variation of Trusts Act 1958, with the
CASES
March 14, 2023
Disputed Wills, Wills & Trusts
Wilmot-Smith v. Burstall [2023] EWHC 962 (Ch)
A decision of Master McQuail regarding a disclosure application made by the residuary beneficiary of a deceased’s estate against the executors and trustees of that estate.
CASES
April 12, 2022
Administration of Estates, Wills & Trusts
Whittle v Whittle & Anor (Re Estate of Gerald Arthur Whittle) [2022] EWHC 925 (Ch)
Charles Auld was instructed by Royds Withy King in the case of Whittle v Whittle & Anor (Re Estate of Gerald Arthur Whittle) [2022] EWHC 925 (Ch) (12 April 2022) where he successfully represented David Whittle in his
CASES
April 1, 2022
Disputed Wills, Trusts, Wills & Trusts
Batt v. Boswell [2022] EWHC 649 (Ch)
A decision of HHJ Matthews (sitting as a High Court Judge) concerning allegations of breach of trust, the rule in Saunders v. Vautier [1841] 6 WLUK 43 and the obligation on trustees to segregate trust money.
CASES
March 18, 2022
Disputed Wills, Wills & Trusts
Hughes v. Pritchard [2022] Ch 339
A significant Court of Appeal authority on testamentary capacity which considers on (1) the weight to be given to the evidence of the solicitor who drafted the will and (2) whether the solicitor or medical practitioner