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England and Wales decisions
Decisions matching the current search
The Upper Tribunal held that long tolerated parking did not permanently release the covenant, but the landlord had not given reasonable notice to resume strict rights.
Miss Msomi succeeds to the extent of £9,800 delivered to Terence Morgan and held on trust for the purpose of purchasing a property for Mrs Morgan; Mrs Morgan fails to prove beneficial ownership of £20,000 cash and her claim is dismissed.
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The court declined to decide the disclaimer issue due to absence of substitute legatees as parties and insufficient evidence, but granted liberty to the claimant to distribute the residue on the footing that the defendant has disclaimed, protecting the claimant from liability.
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Woolfson v Woolfson & Ors [2026] EWHC 613 (Ch) (20 March 2026)
The High Court struck out a probate and trust claim brought by Karen Woolfson and granted summary judgment for the defendants, admitting the Second June 2018 Will to probate.
Upper Tribunal increased a rent repayment order to 50% after finding the FTT wrongly reduced it for landlord inexperience despite a deliberate HMO licensing breach.
Jennifer was the successful party at trial and Adam failed to establish proprietary rights or invalidate the disputed wills. Settlement offers were not sufficiently certain or guaranteed to make Jennifer's refusal unreasonable. Costs are awarded to Jennifer on the standard basis, reduced by 10% for failure on the Sham Tenancies Claim.
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The High Court removed two executors for delay, conflicts and poor estate administration, and ordered indemnity costs against them without estate indemnity.
Probate trial on a will challenge: the court found the deceased knew and approved her will, and held the counterclaim barred by laches.
Morgan & Ors v Estate of Terence David Morgan Deceased & Ors [2026] EWHC 20 (Ch) (08 January 2026)
The High Court partly upheld a family trust claim over cash used for a proposed home purchase, dismissing Mrs Morgan’s claim but allowing Miss Msomi’s claim for £9,800.
Costs judgment in probate proceedings: the court held the litigation was hostile, ordered the Claimants to pay the Defendant’s costs, but allowed indemnity from the estate.
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