X 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 ArticleJennings v Rice, Wilson, Marsh, Norris, Norris, and Reed: CA 22 Feb 2002
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...
View ArticleFuller v Strum: CA 7 Dec 2001
fuller_strumCA01 The appellant challenged a finding that only part of a will was valid. The part made a gift to his son, ‘albeit very grudgingly’, saying ‘I hate him like poison, that Irish bastard.’...
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 ArticleBanks v Goodfellow: QBD 1870
Test for Capacity to Execute Will The testator suffered from delusions, but not so badly or in such a way as was found to affect his capacity or to influence his testamentary disposition. The judge had...
View ArticleSaunders v Vautier: 7 May 1841
A direction in a will stated that the income from certain shares was to be accumulated and invested until the beneficiary attained the age of 25. On attaining his majority at 21 years, the beneficiary...
View ArticleIn re Beddoe, Downes v Cottam: CA 1893
In case of doubt as to the desirability of the intended proceedings (whether as plaintiff or defendant), trustees may apply to the court for directions. This will protect the trustees from adverse...
View ArticleBirmingham v Renfrew: 11 Jun 1937
(High Court of Australia) Cases of mutual wills are only one example of a wider category of cases, for example secret trusts, in which a court of equity will intervene to impose a constructive trust....
View ArticleRe Moss, Larke v Nugus: CA 1979
Executors To Give Information Avoiding Expense (Decided in approximately 1979) The signature of the testatrix, an elderly woman, was distinctly wobbly, the will contained a gift, as it was put by the...
View ArticleJones and others v Firkin-Flood: ChD 17 Oct 2008
The trustees had contracted to sell shares in a private company held within the estate. A family member now claimed that they were held in trust after a settlement of a possible challenge to the will...
View ArticleRamalakshmi Ammal v Sivanantha Perumal Sethurayar: PC 15 Mar 1872
[1872] EngR 20, (1872) 14 Moo Ind App 570, (1872) 20 ER 898 Commonlii Leading Case Updated: 12 December 2020; Ref: scu.280110 br> The post Ramalakshmi Ammal v Sivanantha Perumal Sethurayar: PC 15...
View ArticleThorner v Major and others: HL 25 Mar 2009
The deceased had made a will including a gift to the claimant, but had then revoked the will. The claimant asserted that an estoppel had been created in his favour over a farm, and that the defendant...
View ArticlePitt and Another v Holt and Others: ChD 18 Jan 2010
The deceased had created a settlement in favour of his wife. He suffered serious injury and placed the damages in trust, but in a form which created an unnecessary liability to Inheritance Tax on his...
View ArticleRe Ducksbury (deceased): 1996
Test for Reasonable Provision for Widow Buckley J said: ‘it is not for me to try to effect the sort of testamentary dispositions which I think that a testator should have made or would have made had...
View ArticleAhluwalia v Singh and Others: ChD 6 Sep 2011
The claimant challenged the validity of the will, saying that it had not been validly attested, the two witnesses not being present at the same time despite the attestation clause saying they had been....
View ArticleSingh and Others v Ahluwalia: CA 11 Dec 2012
The will on its face was validly executed but evidence had established that one witness had not been present. The judge had found the evidence to be sufficient to rebut the strong presumption that the...
View ArticleKloosman v Aylen and Others: ChD 8 Mar 2013
The deceased had before his death sold his principle property and made substantial gifts to beneficiaries under his existing will. The parties disputed whether the gifts should be brought into the...
View ArticleSchrader v Schrader: ChD 11 Mar 2013
Brothers contested their late mother’s will, one saying that the later one was made when she lacked capacity and was under the undue influence of the other. Held: The evidence of one brother that he...
View ArticleRe Buckton, Buckton v Buckton: ChD 1907
An application was made for the payment of the costs of the action from the deceased’s estate. Held: Kekewich J identified three situations where an issue might arise about the payment of legal costs...
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...
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