Schrader v Schrader: ChD 11 Mar 2013
References: [2013] EWHC 466 (Ch) Links: Bailii Coram: Mann J Ratio: Brothers contested their late mother’s will, one saying that the later one was made when she lacked capacity and was under the undue...
View ArticleRawstron and Another (Executrices of The Estate of Lucian Freud) v Freud: ChD...
References: [2014] EWHC 2577 (Ch) Links: Bailii Coram: Richard Spearman QC Ratio: The court considered the construction of a point in the deceased’s will. The clause said: ‘I GIVE all the residue of my...
View ArticleTugwell v Heyman: 1812
References: (1812) 3 Camp 298 Ratio: Where executors in an estate do not make arrangements for the funeral of the deceased, but have sufficient assets to do so, they are responsible to indemnify any...
View ArticleIn Re Papillon (deceased): ChD 2006
References: [2006] EWHC 3419 (Ch), [2006] All ER (D) 297 Coram: Mr Guy Newey QC Ratio: Mr Guy Newey QC considered the presumption of due execution when propounding a will: ‘The burden of proving due...
View ArticleSmith v Tebbitt: 1867
References: (1867) 1 PandD 398 Coram: Sir JP Wilde Ratio: Jurisdiction: England and Wales This case is cited by: Cited – Perrins v Holland and Others; In re Perrins, deceased CA (Bailii, [2010] EWCA...
View ArticleRe Flynn: ChD 1982
References: [1982] 1 WLR 310 Coram: Slade J Ratio: The deceased, who had given instructions for the preparation of the codicil some time earlier, was gravely ill after a heart attack at the time when...
View ArticleIn Re D (Statutory Will); VAC v JAD and Others: ChD 16 Aug 2010
References: [2010] EWHC 2159 (Ch), [2011] 1 All ER 859, [2010] WTLR 1511 Links: Bailii Coram: Hodge QC J Ratio: The protected person’s deputy sought authority for making a statutory will for her. An...
View ArticleIn re Gardner: 1920
References: [1920] 2 Ch 523 Ratio: A common intention of husband and wife and taking of benefit are sufficient to establish mutual wills. Jurisdiction: England and Wales This case is cited by: Cited –...
View ArticleTaylor v Popham: 1782
References: (1782) 1 Bro CC 168, 28 ER 1059 LC Ratio: PT, in his lifetime granted two annuities to his son and there being subsisting accounts between them by his will he gave him an annuity of...
View ArticleReynolds v Thrupp And The East India Company: 2 Jun 1837
References: [1837] EngR 788, (1837) 1 Curt 568, (1837) 163 ER 199 Links: Commonlii Ratio: Jurisdiction: England and Wales Last Update: 03 July 2020 Ref: 313905 br> The post Reynolds v Thrupp And The...
View ArticlePhoenix v Phoenix and Another: ChD 18 Jun 2020
References: [2020] EWHC 1409 (Ch) Links: Bailii Coram: Deputy Master Linwood Ratio: Jurisdiction: England and Wales Last Update: 04 July 2020 Ref: 651915 br> The post Phoenix v Phoenix and Another:...
View ArticleNield-Moir v Freeman: ChD 21 Feb 2018
Valid requirement for DNA test in estate claim The Court now ruled on the human rights implications of an order for DNA testing to establish whether the claimant was indeed the daughter of the...
View ArticleChallen v Challen and Another: ChD 27 May 2020
Forfeiture rule disapplied after spousal abuse The claimant sought the disapplication of the forfeiture rule. She had been convicted of the manslaughter of her seriously abusive husband. The court...
View ArticleHand and Another v George: ChD 17 Mar 2017
Adopted grandchildren entitled to succession The court was asked whether the adopted children whose adopting father, the son of the testator, were grandchildren of the testator for the purposes of his...
View ArticleMarley v Rawlings and Another (2): SC 18 Sep 2014
The parties had disputed the validity of a will, and the successful wife of the deceased argued that her costs should be paid by those challenging the will rather than from the estate. Held: The...
View ArticleDennis’s Trustees v Dennis and Others: HL 19 May 1924
A testator, who was survived by his wife, left as part of his estate certain stocks and shares, some of which stood in the joint names of himself and his wife, and others in the joint names of himself...
View ArticleFrear v Frear and Another: CA 2 Dec 2008
Claim for interest in land The claimant asserted an interest in the house in his mother’s estate and claimed against the personal representatives. He had lived in the house with his mother. He had...
View ArticleGardiner v Tabe and Another: ChD 12 Jun 2020
Defendants’ application seeking non-party disclosure References: [2020] EWHC 1471 (Ch) Links: Bailii Jurisdiction: >England and Wales Last Update: 08 July 2020; scu-Ref: scu.651909 br> The post...
View ArticleSherrington v Sherrington: CA 22 Mar 2005
The deceased, a solicitor of long standing, was said to have signed his will without having read it, and had two witnesses sign the document without them knowing what they were attesting. He had...
View ArticleBarrett v Bem and Others: CA 31 Jan 2012
Under section 9(a) of the Wills Act 1937, as amended, the court should not find that a will has been signed by a third party at the direction of the testator unless there is a positive and discernible...
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