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Recent Cases

  • 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