33.
I will need to describe later in more detail some of the events which led up to the
preparation and signing of the 1988 and 1989 Wills. It is enough to say at this stage
that by December 1986 at the latest Bane had raised the question of making a new
will with Oppenheimers, and in 1987 he engaged in correspondence with his local
constituency MP, Mr David Mellor QC, seeking to enlist his support in his battle with
dark forces and (after he had lost confidence in his solicitors and accountants) asking
him to agree to be his executor and to introduce him to a trustworthy solicitor. Mr
Mellor politely declined the invitation to act as Bane’s executor, and does not seem to
have recommended a solicitor to Bane himself. However, in May 1988 Bane sent a
donation of £5,000 to the Conservative Board of Finance, and in June he was in touch
with the Conservative Central Office who through the good offices of Sir Henry Lee
recommended Mr Anthony Trower of Trowers & Hamlins to him as a solicitor.
34.
Mr Trower (who has subsequently died) was at the time the senior partner of Trowers
& Hamlins, a well-known firm of solicitors with a specialist private client department.
Their main offices at were at 6 New Square, Lincoln’s Inn, London WC2. Trowers &
Hamlins were also the Conservative Party’s solicitors, and Mr Trower was himself
one of the three members of the executive committee of the CPA.
35.
On 10 June 1988 Bane went to see Mr Trower in Lincoln’s Inn with a view to making
a new will. Mr Trower’s attendance note records that Bane told him the main features
of his life history, including the fact that he had been granted British nationality in
1975 and had been accepted by the Inland Revenue as domiciled in the United
Kingdom since 6 April 1987. Bane also gave Mr Trower details of his former
solicitors, Oppenheimers, and his former accountants, Blick, Rothenburg & Noble, as
well as of his present accountants, Thomas & Howe of Wimbledon (whom he had
first instructed in relation to his personal and business financial affairs in April 1988).
He informed Mr Trower that he had been married and had a son of 31, but had been
divorced in 1986 on a clean-break basis. Mr Trower asked Bane to supply him with a
copy of the order in the matrimonial proceedings. The attendance note concludes:
“Wants to create a trust for the advancement of the political
ideals of Margaret Thatcher – what he calls the Margaret
Thatcher Revolution.
…
Temporary Will in favour of CPA.”
36.
The question of how to fulfil Bane’s wish to create a trust for the advancement of the
political ideals of Mrs Thatcher (as she then was, and as I shall refer to her in this
judgment) was obviously one that required careful consideration, because a trust for
political purposes could not be charitable under English law, and a non-charitable
purpose trust would be void and ineffective. One solution might have been to
establish a company with the desired objects, and for Bane to leave his estate to the
company. However, that could not be done immediately, and no doubt there were
other possibilities too which merited consideration. Accordingly, the decision was
taken to execute a temporary will leaving the whole of Bane’s estate to the CPA. It
was agreed that Mr Trower would prepare the necessary will, and that Bane would
return to the offices of Trowers & Hamlins to execute it on 16 June.