Suggitt v Suggitt and Another: ChD 20 Apr 2011
References: [2011] EWHC 903 (Ch) Links: Bailii Judges: Roger Kaye QC J Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Last Update: 27 October 2020;...
View ArticleSpecial Case – Kilpatrick and Others (Forrest’s Trustees): SCS 20 Dec 1884
A testator directed his trustees to realise his whole estate, heritable and moveable, on the death of the longest liver of his wife and certain other annuitants, and to divide the annual proceeds of...
View ArticleRe J (A Protected Party): CoP 18 Nov 2016
Application for statutory will and transfer of patient’s land. References: [2016] EWCOP 52 Links: Bailii Judges: Walden-Smith HHJ Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Last...
View ArticlePettigrew and Others v Edwards: ChD 12 Jan 2017
Application for an order that the claimants as trustees of the will of Veronica Ann Edwards deceased (i) have permission to continue to defend a claim brought against in an earlier claim, and to make a...
View ArticlePatel v Patel: ChD 10 Feb 2017
Application for grant of probate of will in solemn form. References: [2017] EWHC 133 (Ch) Links: Bailii Judges: Andrew Simmonds QC Jurisdiction: England and Wales Last Update: 29 October 2020; Ref:...
View ArticleRoberts and Another v Fresco: ChD 17 Feb 2017
The court was asked whether a potential Inheritance Act claim by a surviving husband against his deceased wife’s estate abates on the death of the husband. References: [2017] EWHC 283 (Ch) Links:...
View ArticleWhitehead’s Trustees v Whitehead: SCS 6 Jul 1897
Court of Session Inner House First Division A truster directed his trustees, ‘previous to their dividing the residue of my said estate as after mentioned, to set apart and invest . . the sum of pounds...
View ArticleMarkou and Another v Goodwin and Others: ChD 27 Nov 2013
Whether will was valid and as to knowledge and approval of contents of will. References: [2013] EWHC 4570 (Ch) Links: Bailii Judges: Nugee J Jurisdiction: England and Wales Last Update: 30 October...
View ArticleWhite v Philips: ChD 27 Feb 2017
Challenge to will – alleged lack of capacity References: [2017] EWHC 386 (Ch) Links: Bailii Judges: Safman HHJ Jurisdiction: England and Wales Last Update: 31 October 2020; Ref: scu.577828 br> The...
View ArticleKunicki and Another v Hayward: ChD 16 Dec 2016
The will was challenged as to whether it was executed with the testator’s knowledge and approval. In particular the court was asked whether the testator had to understand the nature and effect of...
View ArticleSargeant v Sargeant and Another: ChD 9 Jan 2018
Application for leave to bring claim out of time under the 1975 Act by widow. References: [2018] EWHC 8 (Ch) Links: Bailii Judges: David Cooke HHJ Statutes: Inheritance (Provision for Family and...
View ArticleDeering v Torrington: 1795
References: [1795] EngR 998, (1795) 1 Salk 79, (1795) 91 ER 75 (A) Links: Commonlii Jurisdiction: England and Wales Last Update: 01 November 2020; Ref: scu.353343 br> The post Deering v Torrington:...
View ArticlePerrins v Holland and Others; In re Perrins, deceased: CA 21 Jul 2010
The testator had given instructions for his will and received a draft will. The judge had found that he had capacity to make the will when he gave instructions but not when it was executed. The will...
View ArticleAshcroft v Barnsdale and Others: ChD 30 Jul 2010
The parties sought to rectify a deed of family arrangement varying a will. The variation deed had had several mistakes which in fact increased the sum of Inheritance Tax owed. HMRC refused to accept...
View ArticleMartin v Williams: ChD 13 Mar 2017
References: [2017] EWHC 491 (Ch) Links: Bailii Judges: Marcus Smith J Statutes: Inheritance (Provision for Family and Dependants) Act 1975 1 2 Jurisdiction: England and Wales Last Update: 02 November...
View ArticleRe Benmusa: FD 14 Mar 2017
No Access to will of Princess Margaret The claimant sought to have unsealed the will of the late Princess Margaret. Held: The application was struck out: ‘The applicant has not articulated any...
View ArticleMiss Jane Whitefoord, Only Surviving Child of The Deceased Bryce Whitefoord v...
Succession – Fiar – Infeftment – Dispensation Clause – Prescription. – A father conveyed his estates to his heir male, whom failing to his eldest daughter. The heir male, after the death of the father,...
View ArticleArthur Sinclair of Masilapatam, Esq v Margaret Young, Wife of James Gordon,...
Succession to Adjudications – Interest – Heritable or Moveable. – Whether the accruing interest in an adjudication belongs to the heir or executor? Held, in a question of compensation, that the...
View ArticleMyers v Myers and Orhers: FD 3 Aug 2004
The court ordered, from a very large estate, provision which included housing, but he did so by way not of an outright capital sum but of a life interest in a trust fund together with power of...
View ArticleMoffat v Moffat: ChNI 23 Nov 2016
References: [2016] NICh 17 Links: Bailii Judges: Horner J Statutes: Inheritance (Provision for Family and Dependants) (NI) Order 1979 Jurisdiction: Northern Ireland Last Update: 05 November 2020; Ref:...
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