In Re Craven’s Estate: ChD 1937
Farwell J set out the conditions to be met to establish a claim of donatio mortis causa: ‘The conditions which are essential to a donatio mortis causa are, firstly, a clear intention to give, but to...
View ArticleX v Y, Z sub nom In re E (Enduring power of attorney): ChD 18 Feb 2000
The application was an appeal against an order registering an enduring power of attorney. The appeal from Master Lush was by way of rehearing. The donor had executed two powers. The second was invalid,...
View ArticleHughes and Another (Edwardes’ Trustees) v Edwardes and Another: HL 25 Jul 1892
In an antenuptial marriage-contract the wife conveyed a sum of pounds 4000 to trustees. The deed provided that in the event of the marriage being dissolved by the predecease of the wife leaving...
View ArticlePublic Trustee v Cooper: 2001
The court looked at the circumstances required when a court was asked to approve a proposed exercise by trustees of a discretion vested in them. The second category of circumstances was (quoting Robert...
View ArticleDufour v Pereira: 1769
Nature of Joint and Mutual Wills The court was asked as to the validity and effect of a single joint will. Held: Lord Camden considered the nature of joint or mutual wills. Lord Camden LC said: ‘The...
View ArticleMarsh v Tyrrell: 1828
Revocation of Earlier Will needs Knowleedge The testatrix was found to have made a new Will, at a time when her faculties were much impaired, under the undue influence of her husband, who under that...
View ArticleDunne v Byrne: PC 22 Feb 1912
Will – Construction – Charitable Bequest – Fund to be expended for the Good of Religion – Religious Purposes. Held, that a residuary bequest ‘to the Roman Catholic Archbishop of Brisbane and his...
View ArticleDevlin’s Tustees v Breen: HL 25 Jan 1945
References: [1945] UKHL 1, 1945 SC (HL) 27, 1945 SN 10, 1945 SLT 216 Links: Bailii Jurisdiction: Scotland Last Update: 12 August 2020; Ref: scu.279704 br> The post Devlin’s Tustees v Breen: HL 25...
View ArticleIn Re K (Deceased): CA 1986
The wife who had been subjected to years of abuse shot her violent husband dead in the course of an argument, when a loaded shotgun she had picked up and pointed at him as a threat to deter him from...
View ArticleDingle v Turner and Others: HL 16 Feb 1972
Gift to Specified person not Charitable The testator left part of his property on charitable trusts for the relief of the poverty of ‘the poor employees’ of a company. The appellant argued that it was...
View ArticleMurphy (By Her Litigation Friend Stockmont) v Holland: CA 19 Dec 2003
A married couple had taken out an insurance policy on their joint lives. The policy was maintained after they divorced. On his death, his child by the later marriage claimed a share in the policy under...
View ArticleVucicevic and Another v Aleksic and Others: ChD 14 Aug 2020
References: [2020] EWHC 2236 (Ch) Links: Bailii Judges: HHJ Paul Matthews Jurisdiction: England and Wales This case cites: Main Judgment – Vucicevic and Another v Aleksic and Others ChD (Bailii, [2017]...
View ArticleVucicevic and Others v Aleksic and Others: ChD 10 Oct 2017
Consequential judgment References: [2017] EWHC 2519 (Ch) Links: Bailii Judges: Paul Matthews HHJ Jurisdiction: England and Wales This case cites: Main Judgment – Vucicevic and Another v Aleksic and...
View ArticleVucicevic and Another v Aleksic and Others: ChD 20 Sep 2017
References: [2017] EWHC 2335 (Ch) Links: Bailii Judges: Paul Matthews HHJ Jurisdiction: England and Wales This case is cited by: Main Judgment – Vucicevic and Others v Aleksic and Others ChD (Bailii,...
View ArticleAttorney-General v Sturge: 4 Nov 1854
The testatrix had left funds to support a school in Genoa. Held: The courts have no authority to make a scheme where the trustees would not be within the jurisdiction of the English courts. References:...
View ArticleAgulian and Another v Cyganik: CA 24 Feb 2006
The question was whether the deceased had lost his domicile of birth and acquired one of choice when living and working in the UK for 43 years. He had retained land in Cyprus, but lived here. Held: He...
View ArticleForbes v Forbes: 3 Mar 1854
General Forbes died. It became necessary to decide what was his domicile at the date of death. He had been born in Scotland, but then served for 35 years in India, before retirng to live in London....
View ArticleIn re Steed: CA 26 Jan 1960
The court considered an application under the 1968 Act to vary a trust. The testator had shown in the terms of his will a particular purpose in creating a protective trust; that was to protect the life...
View ArticleRoyal Society for The Prevention of Cruelty To Animals v Sharp and Others: CA...
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...
View ArticleGoulding and Goulding v James and Daniel: CA 10 Dec 1996
The family sought approval of a proposed variation of the will to make best advantage of tax allowances. Because the beneficial interests of children would be affected, the court’s approval was...
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