Lewis v Warner [2016] EWHC 1787 (Ch)

The High Court has upheld a decision that an individual’s maintenance under the Inheritance (Provision for Family and Dependants) Act 1975 (“1975 Act”) can extend to an arrangement for full consideration. Audrey Blackwell (the Deceased) had bequeathed her entire estate to Lynn Lewis (the Claimant), her only child. The estate was comprised primarily of the Deceased’s home were she had lived with Thomas Warner (the Defendant) for more than 20 years. Ms Lewis issued a possession claim against Mr Warner who responded by making a claim for provision under the 1975 Act. Mr Warner was financially secure but, primarily as a consequence of ill health, wanted to stay in the Deceased’s house. At first instance, the court held that Mr Warner should be granted an option to have the property transferred to him. Mr Justice Newey said that the court was right to conclude that the Deceased’s will had failed to make reasonable provision for Mr Warner and the court was right to compel Ms Lewis to transfer the house.

In the most recent instalment of JSC BTA Bank v Mukhtar Ablyazov the Court established a new weapon against fraudsters in respect of unlawful means conspiracy.  Such a claim requires some form of understanding between two or more people, an intention to injure, a form of concerted action using unlawful means which results in damage being caused to the person or entity targeted.  

Brexit creates many uncertainties, and one of the most concerning is the status of EU nationals living and working in the UK.

In this guest article in Wealthbriefing, Nick Rollason (Head of Immigration) and William Healing (Family Partner) address the situation as regards to French nationals.

Randall v Randall [2016] EWCA Civ 494

The Court of Appeal has held that a creditor of a beneficiary of an estate had a sufficient interest in the estate to dispute the validity of the will. A husband had agreed with his ex-wife as part of divorce proceedings that if her mother was to die leaving her more than £100,000 by her will then she would share any excess with him. The husband’s ex wife’s mother subsequently died and left the ex-wife exactly £100,000 (with the remainder passing to her children), which meant that the husband received nothing.

With only a week to go until the referendum, Brexit campaigning remains at fever pitch. Jamie Dimon raised the temperature recently by suggesting big banks might retrench in the City if Brexit comes to pass and move jobs elsewhere. While most in the City would probably favour current bookies’ odds on Brexit over more pro-Brexit opinion polls in predicting the outcome, the result is too close to call.

Nick Rollason writes article for efinancialcareers with advice for European bankers working in the City.