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England and Wales decisions
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Miss Msomi succeeds to the extent of ÂŁ9,800 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 ÂŁ20,000 cash and her claim is dismissed.
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MacDougall v Lloyd Philip Thomas & Ors [2026] EWHC 1142 (Ch) (21 May 2026)
High Court probate dispute over Jeanne MacDougall’s 2011 will, capacity, undue influence, ademption, proprietary estoppel, and alleged attorney breaches under an LPA.
The court upheld Jeanne MacDougall’s 2011 will and 2013 codicil, rejected a proprietary estoppel claim, and addressed capacity, undue influence, ademption, and attorney breaches.
Jennings & Anor v Appleby [2026] EWHC 1161 (Ch) (19 May 2026)
The High Court held that the Lloyd Trust did not become void for administrative unworkability after creation. The trustees’ decision to terminate and distribute was approved.
The High Court held that the Lloyd Trust did not become void for administrative unworkability and approved the trustees’ decision to terminate the trust and appoint its assets to charity.
The High Court held that service on the defendant in Spain was valid, or alternatively retrospectively validated as good service under CPR 6.15(2).
Wilkinson v Kirkham & Ors [2026] EWHC 1006 (Ch) (07 May 2026)
The High Court held that a will gift to “the daughter of Lily Mason” meant both daughters equally, rejecting uncertainty and avoiding partial intestacy.
The County Court at Reading imposed a 7-day suspended custodial sentence for repeated non-compliance with orders to allow access for sale of the parties’ former home.
The High Court approved a court-supervised claims procedure for winding up the Jesus Fellowship Community Trust, granting extended Re Benjamin relief to manage unresolved claims.
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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