Lorenz v Caruana [2025] EWCA Civ 606

The Court of Appeal has handed down judgment in Lorenz v Caruana [2025] EWCA Civ 606, overturning the decision to grant summary judgment against the Claimant’s claim that half of his brother’s residuary estate was held on secret trust for the Claimant and his two siblings. The Defendant argued that the contemporaneous documents established that the deceased’s intention was to give his estate outright to her in order to avoid inheritance tax and that the claim therefore had no prospect of success. The Court of Appeal noted, however, that the contemporaneous documents did not speak with one voice and accepted that an intention to avoid inheritance tax does not inevitably mean that the deceased cannot have intended to impose an enforceable obligation on the Defendant. The Court considered that there was a real prospect of further evidence being available at trial that would support the Claimant’s case, particularly in light of the limited evidence given by the Defendant as to the instructions given to her by the Deceased. The decision is a reminder that it is only in rare cases that summary judgment will be granted where there are disputed issues of fact, particularly where what lies at the heart of the claim is the content of oral discussions.

Richard Wilson KC and Jamie Randall acted for the successful appellant.

Related Barristers

Described by The Legal 500 as “one of the stars of his generation”, Richard Wilson KC specialises in litigation, drafting and advisory work across traditional and commercial chancery. His practice focuses on trusts and probate, both contentious and non-contentious, related company and partnership law, claims under the Inheritance (Provision for Family and Dependants) Act 1975, tax, professional negligence and civil fraud.

Richard has acted in many of the most significant and high-value cases in these areas in recent years. He is currently involved in several disputes concerning the estates of ultra-high-net-worth individuals (UHNWIs) in England and overseas.

His practice frequently involves offshore matters and private international law. He has appeared before the Privy Council, the Supreme Court and Court of Appeal of Gibraltar, the Supreme Court and Court of Appeal of Bermuda, the Supreme Court of The Bahamas, the Grand Court of the Cayman Islands, and the Eastern Caribbean Supreme Court and Court of Appeal. He has also provided expert evidence on English law before the Royal Courts of Jersey and Guernsey.

Richard regularly acts in disputes across all the principal offshore jurisdictions. A significant proportion of his practice involves international clients, particularly those based in Asia, including Hong Kong.

Richard Wilson KC

Call: 1996
Silk: 2016

Jamie Randall has a practice spanning a wide range of disputes concerning commercial and personal interests, and frequently the interconnection between the two. His recent trust and probate work covers the full spectrum of traditional chancery proceedings, including claims for breach of trust, accounts and removal of trustees, proprietary estoppel, 1975 Act claims, and probate disputes. Those cases often have an international element and he has acted on cases in numerous jurisdictions, including Jersey, Guernsey, Singapore, The Bahamas and Bermuda. His commercial work often includes claims for breach of fiduciary duty, deceit, unfair prejudice and insolvency-related issues.

Prior to coming to the Bar, Jamie worked in strategy consulting focused on the financial services sector. He approaches cases with pragmatism and always maintains a focus on the commercial outcome for clients. He also still enjoys being able to apply his financial experience to complex claims concerning valuation and forensic accounting issues.