The claimant sought an order in the administration of her late husband’s estate. The deceased had been an Iraqi with substantial internationally held assets.
Held: ‘The claim in respect of payments made or in course of payment to accounts in the name of or for the benefit of the Shake Trust at Lloyds TSB Bank plc is hopeless because the Testator’s estate had no interest in the monies in question. The only person interested and entitled to an account was and is the Shake Trust, a distinct legal entity. When I raised this point, Miss Dohmann readily and responsibly agreed that this was so and abandoned the claim. Turning to the claim in respect of the TRT Contract, it is clear (even as it is common ground) that if any commission was paid pursuant to the TRT Contract to the Carat or Karat account or elsewhere, the Defendant would be under an obligation to account for that payment. But the Defendant has denied under oath that he has any as yet undisclosed relevant documents and that any such payment was ever made, and Miss Dohmann has fairly and properly conceded that the Claimant has no evidence that any payment was made. ‘ The appeal failed.
Judges:
Lightman J
Citations:
[2005] EWHC 1687 (Ch)
Links:
Statutes:
Administration of Justice Act 1985 50
Jurisdiction:
England and Wales
Wills and Probate
Updated: 01 July 2022; Ref: scu.229035