Whyte v Hamilton: HL 15 Jun 1882
A document holograph of the granter, disposing completely and regularly of his whole heritable and moveable estate, was headed ‘Notes of intended settlement;’ the granter left no other testamentary...
View ArticleBell v Georgiou and Another: CA 4 Oct 2002
Action for rectification of a will. Arden LJ [2002] EWCA Civ 1510 Bailii Administration of Justice Act 1982 20 England and Wales Updated: 25 January 2021; Ref: scu.217641 br> The post Bell v...
View ArticleIn re MB (A Patient) (Court of Protection: Appeal): CA 1 Nov 2005
The applicant appealed an order that a statutory will be executed for the patient, who suffered from Alzheimer’s disease. The will substituted a solicitor for the applicant as executor, and made...
View ArticleBrown v Hudson and others: ChD 21 Oct 2005
[2005] EWHC 2295 (Ch) Bailii England and Wales Updated: 25 January 2021; Ref: scu.234708 br> The post Brown v Hudson and others: ChD 21 Oct 2005 appeared first on swarb.co.uk.
View ArticleCity of Glasgow Bank Liquidation – (Buchan’s Case) John Buchan v The...
Public Company – Winding-up – Trustees and Executors – Liability of Executor where Part of Executry Estate Consists of Shares in Joint-Stock Company – Personal and Representative Liability.In the case...
View ArticleUpton v National Westminster Bank Plc and others: CA 14 Nov 2005
The claimant said that he had been disinherited from his grandfather’s will being illegitimate. [2005] EWCA Civ 1479 Bailii England and Wales Cited by: At Admn – Upton v United Kingdom ECHR 11-Apr-2006...
View ArticleFielden, Graham (Executors of Cunliffe deceased) v Cunliffe: CA 6 Dec 2005
The will was executed anticipating the marriage to the respondent, leaving assets on discretionary trusts for the responent and various family members and others. She had come to work for the deceased...
View ArticleBarraclough v Mell and others: ChD 1 Dec 2005
Moneys due under a will had been misdistributed. The correct beneficiary sought repayment. The executor sought to rely upon a trustee exemption clause. Held: the tustee exemption clause was effective...
View ArticleRe Williams Deceased, Wiles v Madgin: ChD 1985
A testator writing out his own will can make a clerical error just as much as someone else writing out a will for him. ‘In passing, I note that there is no claim for rectification in the present case....
View ArticleNational Society for the Prevention of Cruelty to Children v Scottish...
A Scotsman left his money to a beneficiary which he called the National Society for the Prevention of Cruelty to Children. Held: The House refused to accept that a gift to the ‘National Society for the...
View ArticleMrs Eupham Hamilton, Widow of Charles Hamilton, Esq, and Bethia and Charlotte...
Heir and Executor – Apparency – Rents.- Held, reversing the judgment of the Court of Session, that the executors, and not the heir of a party who died in possession of an estate on apparency, was...
View ArticleAlexander Burnet, Charge Des Affaires At The Court of Berlin v Sir Thomas...
Succession – Adjudications – Destination – Heirs Whatsoever – Confusio.- Adjudications were purchased up by the heir succeeding to an estate specially destined to ‘ heirs male.’ He took the conveyances...
View ArticleJackson and Gill v Paulet: 16 Jan 1851
[1851] EngR 131, (1851) 2 Rob Ecc 345, (1851) 163 ER 1340 Commonlii England and Wales Updated: 26 January 2021; Ref: scu.296447 br> The post Jackson and Gill v Paulet: 16 Jan 1851 appeared first on...
View ArticleBain’s Trustees v Bain: HL 5 Aug 1902
A testator, the residue of whose estate was divisible under his settlement in certain shares, directed his trustees as soon as convenient after his death to pay one of the shares to one of his sons,...
View ArticleSpecial Case – Sharpe’s Trustees v Kirkpatrick and Others: HL 16 Nov 1879
Succession – Legacy – Residue – Cumulative Bequest. Interest – Payable from Death of Testator.Terms of a deed held ( rev. judgment of Court of Session) insufficient to take a case out of the general...
View ArticleThe Woodland Trust v Loring and Others: CA 16 Oct 2014
Sir Colin Rimer [2014] EWCA Civ 1314, [2015] 2 All ER 32, [2015] WTLR 159, [2014] STI 3239, [2015] STC 598, [2015] 1 WLR 3238 Bailii England and Wales Updated: 28 January 2021; Ref: scu.537619 br>...
View ArticleWilliams v Hensman: 10 Jun 1861
A fund of money was bequeathed on trust to be invested so as to generate an income payable to A ‘the principal to go to her children at her death’. Held: The will created a joint tenancy. The court set...
View ArticleDellar v Zivy and others: ChD 9 Oct 2007
Disappointed beneficiaries said they had been told that the deceased would leave certain shares to them. He did not do so, and they said the will had incorrectly interpreted his instructions. The...
View ArticleLindop v Agus and Others: ChD 2 Jul 2009
Behrens J [2009] EWHC 1795 (Ch), [2009] WTLR 1175, [2009] Fam Law 808 Bailii Inheritance (Provision for Family and Dependants) Act 1975 England and Wales Updated: 28 January 2021; Ref: scu.361470...
View ArticleRogers, Re In the Estate of: ChD 6 Apr 2006
The deceased appointed partners in a firm of solicitors to act as her executors. The firm merged into a limited liability partnership. The partners in the new firm appeal against refusal of the court...
View Article