In its opening line, Deputy Master Linwood noted, “This is an unusual probate claim in that the deceased says she is very much alive”.
Background:
Ms. June Ashimola discovered, to her
The High Court heard a claim that the financial provision in a will was not reasonable in light of their high standard of living.
Background:
On the 25th of March, 2020, Alexander Klein died aged
The Court removed the executor due to his failure to address a serious conflict of interest arising between his personal interests and his role as executor for a period of over ten years and also for
The High Court faced an application relating to the interpretation of a shareholders’ agreement (SHA) and a company’s articles of association (AoA) – in particular, whether the term ‘privileged
The Court of Protection (CoP) criticised the significant delays in best-interest decision-making.
Background:
JP, a man with a prolonged disorder of consciousness (PDOC) following a severe hypoxic
The High Court heard a case regarding the distribution of an estate where one of the beneficiaries disclaimed their inheritance. The will included the term ‘failure’ but as the defendant had not
The Court of Appeal (CoA) heard a case regarding whether the sale of some trust assets was the result of the improper exercise of a fiduciary power.
Background:
There were three trusts, each formed
The High Court considered a claim that HMRC breached the subject access rights (SAR) of the claimant under the UK General Data Protection Regulation, or GDPR.
Background:
Mr. Ashley brought a claim
The First-tier Tax Tribunal was asked to consider the application of the intermediaries’ legislation (IR35) called off-payroll working to payments made by Manchester United Football Club (MUFC) to
The Court of Protection was faced with an application to revoke a deputyship order and the question of whether the person had moved their habitual residence outside of the UK.
Background:
This case
The High Court was faced with a complex case in which a drafting error would have created problems and resulted in partial intestacy.
Background:
The testator died on 27 February 2019, leaving
The Court of Protection (CoP) was faced with a difficult question regarding whether a Caesarean section (C-section) against the mother’s wishes was in her best interest due to her mental health.
The Upper Tribunal (UT) was asked whether a contribution to an employee benefit trust (EBT) made by a company constitutes ‘taxable earnings’.
Background:
M R Currell Ltd. (MRCL) is a family business
The Court of Protection (CoP) used its inherent jurisdiction to conclude that an elderly lady was subject to undue influence by her daughter.
Background:
CA, a 79-year-old woman, was diagnosed in
This Supreme Court judgement might be one of the most anticipated for those interested in contentious probate. The question the Supreme Court had to answer was whether a success fee under a
The Supreme Court had to answer the question as to whether a beneficiary may dispose of his entire beneficial interest in shares (which are regarded as personal property) to the trustee owner
The Court of Appeal (CoA) heard a leapfrog appeal regarding an individual’s capacity to engage in sexual relations under the Mental Capacity Act 2005 (MCA).
Background:
ZX was born in 2006 and,
In October 2024 the so-called Autumn Budget was announced in which the UK Government announced a £40 billion package of tax increases. One of the areas most affected by the Budget announcements was
This decision is one in a sequence regarding best-interest decisions in the context of clinically-assisted nutrition and hydration.
Background:
In December 2017, XR, a 62-year-old man, suffered a
The High Court was faced with the question of when a private care provider exercises a public function for the purposes of Section 6 of the Human Rights Act 1998 (HRA 1998).
Background:
Paul Sammut
The High Court had to decide whether to approve a complex restructuring proposal for an estate.
Background:
The Portman Estate comprises various trusts and funds holding partnership interests in
The High Court, embroiled in longstanding litigation, had to determine whether equitable compensation for the breaches was owed and, if so, the quantum due.
Background:
Mrs. Linda Riley held in
The High Court was faced with an unusual case, entailing many twists and turns, and had to decide whether to grant the mother of a 50-year-old man guardianship under the Guardianship (Missing Persons)
The High Court (HC) had to decide whether a widower was allowed to inherit his late wife’s estate despite assisting her in her trip to a euthanasia clinic.
Background:
Mrs. Morris died aged 73 in