References: [2006] EWHC 1940 (Ch)
Links: Bailii
Ratio: The claimant sought provision from the estate claiming to have lived with the deceased as his partner for the two years preceding his death. She appealed an order which would be enough to allow her to live in Poland, but not in England. She said this was discriminatory under European law. The defendant said that her stay in England was unlawful, and that she should not be counted as having lived with the deceased.
Held: The European treaty did not apply in such proceedings, and the claimant’s appeal failed. As to the defendant’s argument: ‘the claimant’s unlawful presence in this country [was] no bar to her ability to invoke the court’s jurisdiction under the Act to make reasonable financial provision for her out of the deceased’s estate. ‘ The court was entitled to conclude that the cohabitation with the deceased had continued despite the claimant’s return to Poland. The defendant’s cross appeals also failed.
Statutes: Inheritance (Provision for Family and Dependants) Act 1975, EC Treaty 12
This case cites:

• Cited – Re Royse (Deceased) CA ([1985] 1 Ch 22)
  The wife sought to claim under the 1975 Act despite having been convicted of her husband’s manslaughter from diminished responsibility. She was the sole beneficiary under his will but was precluded by her conviction from taking any benefit under the . .
• Cited – V v Addey and Stanhope School CA (Bailii, [2004] EWCA Civ 1065, Times 28-Sep-04, [2004] 4 All ER 1056, [2005] 1 CMLR 3, [2005] ICR 231)
  The respondent resisted a claim of unfair dismissal and race discrimination on the basis that the employment contract was illegal since the claimant was an immigrant and unable to work without a work permit.
  Held: The Court of Appeal upheld a . .
• Cited – Hall v Woolston Hall Leisure Limited CA (Times 31-May-00, Gazette 15-Jun-00, Bailii, [2000] EWCA Civ 170, [2001] ICR 99, [2001] 1 WLR 225, [2000] 4 All ER 787)
  The fact that an employment contract was tainted with illegality of which the employee was aware, did not deprive the employee of the possibility of claiming rights which were due to her under a statute which created rights associated with but not . .
• Cited – Mark v Mark HL (Times 05-Jul-05, Bailii, [2005] UKHL 42, House of Lords, [2005] 3 All ER 912, [2006] 1 AC 98)
  The petitioner sought to divorce her husband. Both were Nigerian nationals, and had married under a valid polygamous marriage in Nigeria. She claimed that the courts had jurisdiction because of her habitual residence here despite the fact that her . .
• Cited – Whiston v Whiston CA (Ind Summary 08-May-95, [1995] Fam 198)
  A bigamist is unable to claim ancillary relief in the second marriage; would be against public policy. Since bigamy was a serious crime which undermined fundamental notions of monogamous marriage, the Court would not as a matter of public policy . .
• Cited – Santos v Santos CA ([1972] Fam 247, [1972] 2 All ER 246)
  The court considered whether one party who lived in Spain and the other who lived mainly, but not exclusively, in England, were, despite several periods of close cohabitation, living apart.
  Held: Mere physical separation without more did not . .
• Cited – In re Beaumont, Deceased; Martin v Midland Bank Trust Co Ltd ([1980] 1 Ch 444, [1980] 1 All ER 266)
  The words in the section ‘immediately before’ in the context of the maintenance of the claimant by the deceased before the death, were not to be construed literally. The situation was to be viewed as the general arrangements for maintenance in place . .
• Cited – Gully v Dix; In re Dix deceased CA (Times 28-Jan-04, Bailii, [2004] EWCA Civ 139, [2004] 1 FLR 918)
  The claimant sought provision from the estate under the Act. She had cohabited with the deceased for many years, but had moved out several months before the death because of her concern for his drunkenness which lead to threats of self harm.
  
• Cited – Jelley v Illife CA ([1981] Fam 128, [1981] 2 All ER 29)
  The court referred to the case of In re Beaumont and continued: ‘In considering whether a person is being maintained immediately before the death of the deceased, it is the settled basis or general arrangement between the parties as regards . .

(This list may be incomplete)

Last Update: 26 March 2017
Ref: 244114

The post Witkowska v Kaminski: ChD 25 Jul 2006 appeared first on swarb.co.uk.

References: (1857) 24 Beav 448, [1857] EngR 795 (B), (1857) 24 Beav 445
Links: Commonlii
Ratio: The right to receive legacies charged on a reversionary legacy payable under the will of another was not a present right to receive them until the reversionary legacy fell into possession on the death of the life tenant.
This case is cited by:

• Cited – Hornsey Local Board v Monarch Investment Building Society CA ([1889] 24 QBD 1)
  The local authority had incurred expense in paving a street. They were entitled to apportion those expenses amongst the owners of the properties fronting onto that street and summarily to recover from the respective owners the amounts so . .
• Cited – Gotham v Doodes CA (Bailii, [2006] EWCA Civ 1080, Times 14-Aug-06, [2007] 1 WLR 86)
  The former bankrupt resisted sale of his property by the trustee, saying that enforcement was barred by limitation. He and his wife bought the property in early 1988, and he was made bankrupt in October 1988. He was dischaged from bankruptcy in . .

(This list may be incomplete)

Last Update: 26 March 2017
Ref: 244735

The post Earle v Bellingham: 24 Jul 1857 appeared first on swarb.co.uk.

References: [1844] EWHC Ch J69, (1844) 4 Hare 67, 67 ER 564
Links: Bailii
Ratio: The son of the deceased sought payment under a deed executed by the testator but not disclosed to his trustees who now refused to act upon it, saying it was a voluntary deed.
Held: The debt must be paid: ‘The rule against relief to volunteers cannot, I conceive, in a case like that before me, be stated higher than this, that a Court of Equity will not, in favour of a volunteer, give to a deed any effect beyond what the law will give to it. But if the author of the deed has subjected himself to a liability at law, and the legal liability comes regularly to be enforced in equity, as in the cases before referred to, the observation that the claimant is a volunteer is of no value in favour of those who represent the author of the deed. ‘ and ‘ Its being executory makes no difference, whether the party seeks to recover at law in the name of the trustee, or against the assets in this Court.’

Last Update: 26 March 2017
Ref: 245423

The post Fletcher v Fletcher: ChD 25 Jul 1844 appeared first on swarb.co.uk.

References: [2002] EWCA Civ 159, [2003] 1 P & CR 100, [2003] 1 FCR 501
Links: Bailii
Coram: Lord Justice Aldous Lord Justice Mantell And Lord Justice Robert Walker
Ratio: The claimant asserted a proprietary estoppel against the respondents. He had worked for the deceased over many years, for little payment, and doing more and more for her. Though he still worked full time at first, he came to spend nights at the property because of her fears of burglary. She did not pay him but said she would ‘see him alright.’ She died intestate. It was accepted that an estoppel arose, but there was a dispute as to the amount of the award. The claimant asserted that if a proprietary estoppel was accepted, the award should be of the property at issue. The defendants asserted that it should be calculated according to the detriment suffered.
Held: It was for the court to decide what was the equitable basis for satisfying the estoppel. That jurisdiction is discretionary and flexible. There must be proportionality between the expectation and the detriment.
‘It cannot be doubted that in this as in every other area of the law, the court must take a principled approach, and cannot exercise a completely unfettered discretion according to the individual judge’s notion of what is fair in any particular case.’ The judge had correctly set the figure according to the detriment suffered.
Jurisdiction: England and Wales
This case cites:

• Cited – Crabb v Arun District Council CA ([1976] Ch 179, Bailii, [1975] 3 All ER 865, [1975] EWCA Civ 7)
  The plaintiff was led to believe that he would acquire a right of access to his land. In reliance on that belief he sold off part of his land, leaving the remainder landlocked.
  Held: His claim to have raised an equity was upheld. The plaintiff . .
• Cited – Gillett v Holt and Another CA (Times 17-Mar-00, Gazette 23-Mar-00, Bailii, [2000] EWCA Civ 66, [2001] Ch 210, [2000] 2 All ER 289, [2000] 2 WTLR 195, [2000] Fam Law 714, [2000] 1 FCR 705, [2000] 3 WLR 815, [2000] 2 FLR 266)
  Repeated assurances, given over years, that the claimant would acquire an interest in property on the death of the person giving the re-assurance, and upon which the claimant relied to his detriment, could found a claim of equitable estoppel. The . .
• Cited – Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd ChD ([1982] QB 133, [1981] 2 WLR 576, [1981] 1 All ER 897, [1979] 251 EG 159, Bailii, [1979] EWHC Ch 1)
  The fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine of estoppel. In the light of the more recent cases, the principle ‘requires a very much broader approach which is . .
• Cited – Pascoe v Turner CA ([1979] 1 WLR 431, Bailii, [1978] EWCA Civ 2, [1979] 2 All ER 945)
  The defendant had been assured by the plaintiff that ‘the house is yours and everything in it.’ In reliance on that assurance she carried out improvements to the house. Although the improvements were modest, their cost represented a large part of . .
• Cited – Sledmore v Dalby CA ([1996] 72 P & CR 196, [1996] CLY 4949, Bailii, [1996] EWCA Civ 1305)
  The plaintiff sought possession of a house. She had owned it with her late husband. The defendant lived in and had done much work on the house, but the deceased left it all to the plaintiff and the defendant’s wife who had since also died. She . .
• Cited – Campbell v Griffin and others CA (Bailii, [2001] EWCA Civ 990, [2001] NPC 102, (2001) 82 P & CR DG23, [2001] WTLR 981)
  . .

(This list may be incomplete)
This case is cited by:

• Cited – Parker v Parker ChD (Bailii, [2003] EWHC 1846 (Ch))
  Lord Macclesfield claimed a right to occupy a castle. The owners claimed that he had only a mere tenancy at will. The exact rooms in the castle which had been occupied had varied over time.
  Held: The applicant was entitled to reasonable . .
• Cited – Grundy v Ottey CA (Bailii, [2003] EWCA Civ 1176, [2003] WTLR 1253)
  The deceased left his estate within a discretionary trust. The claimant sought to assert an interest in it, claiming an estoppel and, under the 1975 Act, as his partner. They had lived together for four years. She had been dependent upon him . .
• Cited – Hyett v Stanley and others CA (Bailii, [2003] EWCA Civ 942, [2004] 1 FLR 394)
  The couple had lived together at the property without being married for several years. The house was held in the man’s sole name, and after his death she sought a half share in it. It was established that she had been told she should have a half . .
• Cited – Uglow v Uglow and others CA (Bailii, [2004] EWCA Civ 987, [2004] WTLR 1183.)
  The deceased had in 1976 made a promise to the claimant. The promise was not honoured in the will, and the claimant asserted a proprietary estoppel.
  Held: The judge was right to have found that the promise was bound up with the claimant being . .
• Cited – Wormall v Wormall CA (Bailii, [2004] EWCA Civ 1643, Times 01-Dec-04)
  The father had allowed his daughter to run her business from the family farm. The mother and father came to divorce, and the father required vacanat possession of the farm so that he could sell it to satisfy his liabilities in the ancillary relief . .
• Approved – Cobbe v Yeomans Row Management Ltd and Others ChD ([2006] 1 WLR 2964, Bailii, [2005] EWHC 266 (Ch))
  A developer claimed to have agreed that upon obtaining necessary planning permissions for land belonging to the respondents, he would purchase the land at a price reflecting its new value. The defendant denied that any legally enforceable agreement . .
• Cited – Strover and Another v Strover and Another ChD (Bailii, [2005] EWHC 860 (Ch), Times 30-May-05)
  Insurance policies had been taken out by the partners in a firm. The surviving family of one and the remaining partners contested ownership. The policy was held in part for the benefit of the family. The premiums had been paid from partnership . .
• Cited – Van Laethem v Brooker and Another ChD (Bailii, [2005] EWHC 1478 (Ch))
  The claimant asserted an interest in several properties by virtue of a common intention constructive trust or by proprietary estoppel. The parties had been engaged to be married.
  Held: ‘A [constructive] trust arises in connection with the . .
• Cited – Fisher v Brooker and Another ChD (Bailii, [2006] EWHC 3239 (Ch))
  The claimant said that he had contributed to the copyright in the song ‘A Whiter Shade of Pale’ but had been denied royalties. He had played the organ and particularly the organ solo which had contrbuted significantly to the fame of the record.
  
• Cited – Beale v Harvey CA (Bailii, [2003] EWCA Civ 1883, [2004] 2 P&CR 18)
  Land had been divided into three lots on its development, but the site plan did not match the line of a fence actually erected.
  Held: The court was not bound by the Watcham case, and would not follow it to allow reference to the later . .
• Cited – Hunt v Soady CA (Bailii, [2007] EWCA Civ 366)
  The parties lived together and held the property as beneficial joint tenants. After the split up and the claimant let the house, she sought an order for its sale, and the appellant defendant sought an order that he should take the equity in the . .
• Cited – Powell and Another v Benney CA (Bailii, [2007] EWCA Civ 1283)
  The claimants asserted an interest under a constructive trust in land held by the defendant.
  Held: The judge had found acts of detriment suffered by the claimants. Though elements of the judgment might be criticised, the appeal failed. . .
• Cited – Brooker and Another v Fisher CA (Bailii, [2008] EWCA Civ 287, [2008] Bus LR 1123, [2008] FSR 26, [2008] EMLR 13)
  The claimant had asserted a joint authorship of the song ‘A Whiter Shade of Pale’ written in the sixties. The defendant appealed saying that the claim had been brought too late, and that the finding ignored practice in the music industry. The . .
• Cited – London Borough of Bexley v Maison Maurice Ltd ChD (Bailii, [2006] EWHC 3192 (Ch))
  The council had taken land by compulsory purchase in order to construct a dual carriageway. It then claimed that it had left undedicated a strip .5 metre wide as a ransom strip to prevent the defendant restoring access to the road.
  Held: The . .
• Cited – Yeoman’s Row Management Ltd and Another v Cobbe HL (Bailii, [2008] UKHL 55, Times, [2008] 35 EG 142, [2008] 31 EG 88, [2008] WTLR 1461, [2008] 1 WLR 1752, HL)
  The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal.
  Held: The appeal succeeded in part. The finding . .
• Cited – Thorner v Major and others CA ((2008-09) 11 ITELR 344, [2008] 2 FCR 435, Bailii, [2008] EWCA Civ 732, [2008] WTLR 1289, [2009] 3 All ER 945)
  The deceased had written a will, revoked it but then not made another. The claimant had worked for the deceased understanding that property would be left to him, and now claimed that the estate property was held under a trust for him.
  Held: . .
• Cited – Gill v Woodall and Others ChD (Bailii, [2009] EWHC B34 (Ch), [2009] EWHC 834 (Ch))
  The claimant challenged her late mother’s will which had left the entire estate to a charity. She asserted lack of knowledge and approval and coercion, and also an estoppel. The will included a note explaining that no gift had been made because she . .

(This list may be incomplete)
Leading Case
Last Update: 26 March 2017
Ref: 167951

The post Jennings v Rice, Wilson, Marsh, Norris, Norris, and Reed: CA 22 Feb 2002 appeared first on swarb.co.uk.

References: [1964] 2 QB 580
Coram: Gorrell Barnes J
Ratio: Section 3 of the 1861 Act abrogated the common law rule that a change of domicile operated as a revocation of a testamentary disposition. The long title of the Act was ‘An Act to amend the law with respect to wills of personal estate made by British subjects’
Held: The section was of general application.
Statutes: Wills Act 1861 3
This case is cited by:

• Cited – L, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another CA (Bailii, [2007] EWCA Civ 168, Times 28-Mar-07, [2007] 4 All ER 128, [2008] 1 WLR 681)
  The court considered the proper content of an enhanced criminal record certificate. The claimant said that it should contain only matter relating to actual or potential criminal activity.
  Held: As to the meaning of section 115: ‘if Parliament . .

(This list may be incomplete)

Last Update: 26 March 2017
Ref: 249365

The post Ward v Holman: 1964 appeared first on swarb.co.uk.

References: 1864 12 WR 1021
Ratio: The court considered the availability of specific performance as a remedy to a personal representative.
This case is cited by:

• Cited – Beswick v Beswick HL ([1968] AC 58, [1967] 3 WLR 932, [1967] 2 All ER 1197 HL(E), Bailii, [1967] UKHL 2)
  The deceased had assigned his coal merchant business to the respondent against a promise to pay andpound;5.00 a week to his widow whilst she lived. The respondent appealed an order requiring him to make the payments, saying that as a consolidating . .

(This list may be incomplete)

Last Update: 26 March 2017
Ref: 251047

The post Keenan v Handley: 1864 appeared first on swarb.co.uk.

References: [1730] EngR 285, (1730) Sel Cas T King 356, (1730) 25 ER 437
Links: Commonlii
Ratio:
Jurisdiction: England and Wales

Last Update: 27-Mar-17
Ref: 387914

The post Loder v Loder and Others: 8 Jun 1730 appeared first on swarb.co.uk.

References: [2008] EWHC 374 (QB), [2008] 1 WLR 1540, [2008] WTLR 587
Links: Bailii
Coram: Wyn Williams J
Ratio: The claimant sought to take out letters of administration in the estate, and needed documents held by the defendant who claimed a lien over necessary documents for an unpaid legal services bill. The defendants had replied that until the claimant had taken out letters of administration, he had no standing to require delivery of the papers.
Held: The claimant did not yet have standing to make the demand made.
Statutes: Non-Contentious Probate Rules 1987

Last Update: 27 March 2017
Ref: 266043

The post Caudle v LD Law Ltd: QBD 29 Feb 2008 appeared first on swarb.co.uk.

References: [1898] 2 Ch 352
Ratio: The court has no inherent jurisdiction to remove a personal representative in that capacity.
This case is cited by:

• Cited – The Thomas and Agnes Carvel Foundation v Carvel and Another ChD (Bailii, [2007] EWHC 1314 (Ch), [2007] 4 All ER 81)
  The husband and wife had made mutual wills in the US with an express agreement not to make later alterations or dispositions without the agreement of the other or at all after the first death. The wife survived, but having lost the first will made a . .

(This list may be incomplete)

Last Update: 27 March 2017
Ref: 267734

The post Re Ratcliff: 1898 appeared first on swarb.co.uk.

References: [1857] EngR 783, (1857) 3 K & J 608, (1857) 69 ER 1252
Links: Commonlii
Ratio:
This case cites:

• See Also – Brooke v Garrod ((1857) 3 K & J 608, (1857) 2 De G & J 62, [1857] EngR 4 (B), Commonlii)
  The testator directed his trustees to offer all his real estate to his brother at the price of andpound;2,500, but if he should not, within one calendar month after the death, signify his desire to accept the real estate at that price, or should . .

(This list may be incomplete)

Last Update: 28 March 2017
Ref: 290529

The post Brooke v Garrod: 20 Jul 1857 appeared first on swarb.co.uk.

References: [1855] EngR 839, (1855) 11 Exch 446, (1855) 156 ER 906
Links: Commonlii
Ratio: O, the defendant’s testator, instituted a suit in Chancery for the administration of the estate and effects of C, the plaintiffs testator. An order was made by the Court of Chancery, that the plaintiff be restrained by injunction from interferlng with the estate or effects of C. The plaintiff brought an action against the defendant for an alleged infringement by O of C’s copyright in certain books
Held: First, that the action was in disobedience of the order of the Court of Chancery, since the damages, when recovered, would be assets of C. in the plaintiff’s hands. Secondly, that under the 226th section of the Common Law Procedure Act, 1852, this Court had jurisdiction to stay proceedings in the action, although no writ of injunction had issued.
Statutes: Common Law Procedure Act 1852 226

Last Update: 28 March 2017
Ref: 292761

The post Cobbett v Ludlam, Executor of Oldfield: 26 Nov 1855 appeared first on swarb.co.uk.

References: [1856] EngR 706, (1856) 2 K & J 647, (1856) 69 ER 942
Links: Commonlii
Ratio: A married woman, by her will, in exercise of a power of appointment over trust moneys, made several bequests, and ‘after payment of her just debts, funeral and testamentary expenses, and the expenses attending the execution of her will, appointed’ the residue of the trust moneys among her nieces.
Held: The charge of funeral expenses was not contingent upon her surviving her husband, and that her husband surviving was entitled to repayment, out of the trust moneys, of money paid by him in respect of such expenses.

Last Update: 28 March 2017
Ref: 291461

The post Willeter v Dobie: 23 Jun 1856 appeared first on swarb.co.uk.

References: , [1838] EngR 1035, (1838) 2 Moo Ind App 84, (1838) 18 ER 233, [1838] UKPC 21
Links: Commonlii, Bailii
Ratio: (India) Legacy of 12,000 star pagodas reserved by a Testator from his estate, and devised in favour of his Great-grand-daughter, having, in pursuance of the directions contained in the Will been put in strict settlement by the Executors, and subsequently secured by a mortgage of the real estate of the Testator to the Trustee of the settlement: held to be an equitable charge upon the whole of the real estate of the Testator, and there being no evidence of the payment off of such charge, the sale of a portion by the Sheriff of Madras, can under a writ of execution, declared to be invalid.

Last Update: 28 March 2017
Ref: 313041

The post Stephen Lazar And His Wife Thamar Lazar v Colla Ragava Chitty: 3 Dec 1838 appeared first on swarb.co.uk.

References: [2007] EWHC 3503 (Ch)
Links: Bailii
Coram: Evans-Lombe J
Ratio: Appeal against order substituting the appellant as executor of the will.
Statutes: Administration of Justice Act 1985 50

Last Update: 28 March 2017
Ref: 341756

The post Dobson v Heyman: ChD 18 Dec 2007 appeared first on swarb.co.uk.

References: 3545/04 (Translation), [2009] ECHR 795
Links: Bailii
Coram: Peer Lorenzen, P
Ratio: The applicant was born outside marriage in 1948 in East Germany and claimed a share of the estate of her father, who had lived in West Germany dying in 1998. A West German statute of 1969 put illegitimate children on a equality with children of a marriage, but excluded children born before 1 July 1949, and had thus reached the age of majority as it came into force.
Held: The discriminatory provision was incompatible with the Convention. The aim of the legislation, distinguishing between children born before July 1949 and those born later, may have been legitimate, and the court even recognised the political and other difficulties which would have been involved if the distinction had been removed. However, this was not enough: ‘The Court considers, in particular, that, having regard to the evolving European context in this sphere, which it cannot neglect in its necessarily dynamic interpretation of the Convention, the aspect of protecting the ‘legitimate expectation’ of the deceased and their families must be subordinate to the imperative of equal treatment between children born outside and within marriage.’
The Court then considered whether the means were proportionate, saying: ‘As to whether the means employed were proportionate to the aim pursued, a further three considerations appear decisive to the Court in the present case. First, the applicant’s father had recognized her after her birth and had always had regular contact with her despite the difficult circumstances linked to the existence of two separate German states. He had neither a wife nor any direct descendants, but simply heirs of the third order whom he apparently did not know. The aspect of protecting these distant relatives’ ‘legitimate expectations’ cannot therefore come into play’.
The other two considerations were specific to German legislation in the context of the reunification, and they do not assist in the present case.
Statutes: European Convention on Human Rights
This case is cited by:

• See Also – Brauer v Germany ECHR (3545/04, Bailii, [2010] ECHR 74)
  Just satisfaction – friendly settlement . .
• Cited – Re Erskine 1948 Trust ChD (Bailii, [2012] EWHC 732 (Ch), [2012] 3 All ER 532, [2012] 3 FCR 114, [2012] WTLR 953, [2013] Ch 135, [2012] Fam Law 809, 14 ITELR 890, [2012] WLR(D) 104, [2012] 3 WLR 913, [2012] 2 FLR 725)
  The trust was created in 1948, and provided gifts over which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last . .

(This list may be incomplete)

Last Update: 28 March 2017
Ref: 346628

The post Brauer v Germany: ECHR 28 May 2009 appeared first on swarb.co.uk.

References: [1997] STC 1425, [1998] PNLR 592
Ratio: An executor does not usually owe a duty to advise a beneficiary in connection with the affairs of the beneficiary. Tax avoidance is not an idea that runs naturally or should be attributed to ordinary people or to legal executives in a small firm of high street solicitors.
This case is cited by:

• Cited – Martin v Triggs Turner Bartons (A Firm) and Others ChD (Bailii, [2009] EWHC 1920 (Ch))
  The claimant sought damages alleging professional negligence against her solicitors for herself and her late husband’s estate. She said that the will should have allowed advances of capital for all but andpound;100,000 of the estate, rather than the . .
• Cited – Royal Society for The Prevention of Cruelty To Animals v Sharp and Others CA (Bailii, [2010] EWCA Civ 1474)
  The Society appealed against an order construing a will. The will had made a gift of the maximum allowed before payment of inheritance tax, and then a gift of a house. The Society argued that the house gift should be deducted before calculation of . .

(This list may be incomplete)

Last Update: 28 March 2017
Ref: 371289

The post Cancer Research Campaign v Ernest Brown: 1998 appeared first on swarb.co.uk.

References: [2017] EWHC 491 (Ch)
Links: Bailii
Coram: Marcus Smith J
Ratio:
Statutes: Inheritance (Provision for Family and Dependants) Act 1975 1 2
Jurisdiction: England and Wales

Last Update: 30-Mar-17
Ref: 579950

The post Martin v Williams: ChD 13 Mar 2017 appeared first on swarb.co.uk.

References: [1935] P 151
Coram: Langton J
Ratio: The burden that lies on the party seeking to prevent an express clause of revocation in a will from having the effect that would follow from the plain meaning of the words used. Langton J said: ‘It is a heavy burden upon a plaintiff who comes into this Court to say: ‘I agree that the testator was in every way fit to make a will, I agree that the will which he has made is perfectly clear and unambiguous in its terms, I agree that it contains a revocatory clause in simple words: nevertheless I say that he did not really intend to revoke the earlier bequests in earlier wills.’ Quite obviously the burden must be heavy upon anybody who comes to assert a proposition of that kind.’
This case is cited by:

• Cited – Lamothe v Lamothe and Others ChD (Bailii, [2006] EWHC 1387 (Ch))
  The deceased had made a will in England but later made a will in Dominica revoking all other wills. After the first death, probate of the first will was taken out in ignorance of the second. The claimant, still in ignorance of the second will, took . .
• Applied – Re Barker: Nemes v Baker ([1995] 2 VR 439)
  (Supreme Court of Victoria) Tadgell J said: ‘The very existence of a revocation clause in a will is, however, prima facie solemnly eloquent of the testator’s intention. Evidence sufficient to rebut it must be clear and unequivocal. Nevertheless, if . .

(This list may be incomplete)

Last Update: 30 March 2017
Ref: 375068

The post Lowthorpe-Lutwidge v Lowthorpe-Lutwidge: 1935 appeared first on swarb.co.uk.

References: [1892] 1 Ch 47
Coram: Chitty J
Ratio: There had been a conveyance of land with a house on it whose window looked onto other land of the vendor.
Held: There was an implied ancillary right that the window would not be obscured by act of the vendor. There is applicable to devises of a testator’s property to different grantees the same salutary principle that governs the implication and acquisition of easements on the contemporaneous grants to different grantees of properties previously in the ownership of the grantor.
This case cites:

• Cited – Palmer v Fletcher KBD (Commonlii, [1793] EngR 798, (1793) 1 Lev 122, (1793) 83 ER 329 (A))
  ‘. . the lights are a necessary and essential part of the house’ . .

(This list may be incomplete)
This case is cited by:

• Cited – Thompson v Bee and Another CA (Times, Bailii, [2009] EWCA Civ 1212)
  The parties disputed the extent and nature of the use allowed for an unregistered but express right of way. The track had been obtained by use for agriculture. The dominant owner appealed against a finding that it was limited to agricultural use, . .

(This list may be incomplete)

Last Update: 30 March 2017
Ref: 381285

The post Phillips v Low: ChD 1892 appeared first on swarb.co.uk.

References: 3545/04, [2010] ECHR 74
Links: Bailii
Coram: Peer Lorenzen, P
Ratio: Just satisfaction – friendly settlement
Statutes: European Convention on Human Rights 8
This case cites:

• See Also – Brauer v Germany ECHR (3545/04 (Translation), Bailii, [2009] ECHR 795)
  The applicant was born outside marriage in 1948 in East Germany and claimed a share of the estate of her father, who had lived in West Germany dying in 1998. A West German statute of 1969 put illegitimate children on a equality with children of a . .

(This list may be incomplete)
This case is cited by:

• Cited – Re Erskine 1948 Trust ChD (Bailii, [2012] EWHC 732 (Ch), [2012] 3 All ER 532, [2012] 3 FCR 114, [2012] WTLR 953, [2013] Ch 135, [2012] Fam Law 809, 14 ITELR 890, [2012] WLR(D) 104, [2012] 3 WLR 913, [2012] 2 FLR 725)
  The trust was created in 1948, and provided gifts over which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last . .

(This list may be incomplete)

Last Update: 31 March 2017
Ref: 396383

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