Robert Jacques Lorenz v Shelia Caruana & Ors

Robert Jacques Lorenz v Shelia Caruana & Ors

The Master was entitled to find that there was a real prospect of further evidence emerging at trial to support the existence of a secret trust, and the Judge was wrong to overturn that decision; the appeal is allowed and the claim is restored.

Parties
Appellant: Robert Jacques Lorenz; First Respondent: Sheila Caruana; Second Respondent: Anthony Michael Lorenz; Third Respondent: Vivien Angela Vanessa Manessah
Jurisdiction
England and Wales
Judgment Date
05 September 2025
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; Master's decision restored.
Legal Topics
Secret Trusts, Inheritance Tax, Summary Judgment, Strike Out Applications, Certainties in Trust Law
Trusts and Probate Property Law Secret Trusts Inheritance Tax Summary Judgment Strike Out Applications Certainties in Trust Law

Case Brief

Summary, issues, holding and outcome

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Parties

Robert Jacques Lorenz

Appellant

Sheila Caruana

First Respondent

Anthony Michael Lorenz

Second Respondent

Vivien Angela Vanessa Manessah

Third Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the claim for a secret trust over the residuary estate discloses a real prospect of success
  2. 2 Whether the requirements of certainty of intention, subject matter, and objects are met for a secret trust
  3. 3 Whether summary judgment or strike out is appropriate given the evidence

Ratio Decidendi

The Master was entitled to find that there was a real prospect of further evidence emerging at trial to support the existence of a secret trust, and the Judge was wrong to overturn that decision; the appeal is allowed and the claim is restored.

Court Disposition

Appeal allowed; Master's decision restored.

Orders

  • The appeal is allowed.
  • The decision of the Judge is set aside.