header-logo header-logo

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

Intestacy turns to trust

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll