bequeathed his personal chattels to Mirjana, and left his residuary estate on trust to
pay the income to her during her life, with remainder to such of his children as should
attain the age of 25 in equal shares absolutely. He also gave his trustees power to pay
or apply capital for Mirjana’s benefit.
24.
The 1974 Will, made less than three years later, was in substantially similar terms to
the 1971 Will but included a provision for substitution of issue if any child of Bane
died before attaining a vested interest. There were also some immaterial changes to
the administrative provisions. The executors were the same as before, except that Mr
Hadley was now appointed in place of Mr Hurst or Mr Homburger should either of
them die in Bane’s lifetime or refuse appointment.
25.
On 17 January 1978 Bane’s father, Milan Kostic, died. In the same year, Zoran
graduated from Dundee University where he had read psychology, after being
educated at Kings College School, Wimbledon. From 1975 onwards Bane lived
principally at Westmead House, 8 Westmead, London SW15, a substantial property
which he had bought for £120,000 in 1974 and then renovated. There was also a
family home at Gleneagles in Scotland called Airlie Court which was owned by
Jovanka.
26.
In the early 1980s Transtrade UK Ltd began to run into difficulties, although
Transtrade AG continued to prosper. In about 1983, the first signs of Bane’s mental
illness began to become apparent to his family and friends. He began to make
unfounded accusations of infidelity against Mirjana, and in May 1984 he began to
abuse her physically as well. On 20 May 1984 he was persuaded by Jovanka, at
whose holiday home in Lugano he had been staying with his mother and Mirjana, to
visit a family friend who was a doctor, Dr Zoran Radivojevic. They went to see the
doctor together at his surgery near Zurich. Bane told him he thought he had caught a
venereal disease from his wife, as a result of the affairs she was having with other
men. Dr Radivojevic informed him that he did not have any venereal disease, and
diagnosed him as suffering from paranoia. He prescribed a sedative, Hemineurine. In
a subsequent medical report dated 7 October 1984, Dr Radivojevic recorded that:
“On 20 May 1984, I had a consultation with [Bane] at my
surgery and diagnosed paranoia. Since that date I have noted,
through phone calls and postcards with pathological contents
that he sent to me, that his illness progresses and that it requires
immediate psychiatric attention and treatment. Given that I
know only part of the symptoms of his illness, I suspect that the
degree of the illness could be even graver.”
27.
On 10 July 1984, Bane left the matrimonial home at Westmead House and separated
(permanently as it turned out) from Mirjana. He went to stay with a friend, Reg
Wigmore, at his home in Pinner Hill, and a day or two later travelled to Scotland with
Mr Wigmore to visit some friends who lived near Gleneagles, Ronnie Taylor and his
wife Margaret. Before leaving London, Bane consulted Oppenheimers who evidently
advised him to make a codicil to the 1974 Will as a matter of urgency, cutting out
Mirjana as a beneficiary and also revoking her appointment as an executor. The 1984
Codicil was drafted for that purpose, presumably by Mr Hadley, and Bane executed it
when he was in Scotland on 14 July. It was witnessed by Mr and Mrs Taylor, both of
whom have since died.