header-logo header-logo

Intestacy turns to trust

05 May 2011 / Michael Tringham
Issue: 7464 / Categories: Features , Wills & Probate
printer mail-detail

Michael Tringham reviews some recent court decisions at home & abroad

The relationship of cohabitants Tina Cattle and Paul John Evans ended on 23 March 1990, when 59-year-old Mr Evans died—intestate. Subsequently Ms Cattle claimed “reasonable provision” from the deceased’s £220,000 estate, referring to a will drafted three days before his death but never executed. Mr Evans’s sons Paul and Gareth, beneficiaries on the intestacy, disputed her claim.

The couple lived together in England, Spain and latterly Wales between 1990 and 2009—albeit with a two-year hiatus after 1997. The trial transcript (Cattle v Evans [2011] EWHC 945 (Ch)) refers to a marriage proposal that was never formalised—and the planned purchase of a home in Wales with money from the sale of a jointly owned Spanish property.  But that plan was overtaken by the deceased’s being diagnosed with terminal cancer eight months before his death. Instead he bought the house almost entirely with his own money and the property was conveyed into his sole name, apparently for tax reasons.

While solicitors’ attendance notes record that under the proposed will the Welsh property was

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

back-to-top-scroll