Following a 5 day trial in The Chancery Division of the High Court, Judgment was given yesterday in relation to an action brought by the estate of the late Mohammed Raja in which it was claimed that Nicholas van Hoogstraten was the beneficial owner of 2 properties which are in fact held in Trust for his 6 children. The Raja family had sought to persuade the court that the Trust was a “sham” designed to conceal that Nicholas van Hoogstraten was the true owner of the 2 properties.
At the conclusion of the trial and having heard evidence from Nicholas van Hoogstraten and his eldest son, Maximilian Rhett Hamilton, Mr Justice Morgan determined that the Trust set up in 1992 was in fact lawfully valid. Therefore the claim by the estate of the late Mohammed Raja was rejected and costs were awarded in favour of Nicholas van Hoogstraten’s children.
An application on behalf of the Raja family for permission to appeal was refused.
Maximilian had the following to say:
“The Raja family were given notice in 2006 that the 2 properties in question were held in trust for us. Following 10 years of inactivity their recent claim that the Trust is a “sham” was nothing more than a last ditch attempt to steal mine and my siblings’ assets. After a 5 day trial we are thankful that Mr Justice Morgan has rejected their groundless claim.”
Mark Warwick Q.C. and Janes Solicitors were instructed by the 4 eldest children of Nicholas van Hoogstraten.