Ayling v Summers and Others: ChD 14 Sep 2009
ayling_summersChD2009 Letters of administration had been taken out, but it was subsequently discovered that the deceased, a seamen, may have made a nuncupative will which would be valid if made at sea....
View ArticleJemma Trust Company Ltd v Peter D’Arcy Liptrott Jo: SCCO 12 Sep 2002
The applicant challenged a solicitor’s bill for the work in handling an estate. Two preliminary issues arose, as to the hourly rates applicable, and whether a value element should be charged. The...
View ArticleThe Solicitor for the Affairs of HM Treasury v Doveton and Another: ChD 13...
hmt_dovetonChd10 The claimant requested the revocation of a grant of probate to the defendant. They had suspicions about the will propounded and lodged a caveat which was warned off and the grant...
View ArticleGill v Woodall, Lonsdale and The Royal Society for the Prevention and Cruelty...
The daughter of the deceased challenged the will, saying that her mother had not known and approved the contents of her will which left the entire contents of her estate to charity. Norris J [2008]...
View ArticlePerrins v Holland and Others: ChD 21 Oct 2009
Lewison J [2009] EWHC 2558 (Ch) Bailii England and Wales Citing: Main judgment – Perrins v Holland and Another ChD 31-Jul-2009 The son of the deceased challenged the testamentary capacity of the...
View ArticleIn re M; ITW v Z and Others (Statutory Will): FD 12 Oct 2009
The court considered a request for a statutory will under the 2005 Act. Held: the Court of Protection has no jurisdiction to rule on the validity of any will. However, Munby J made three points: (1)...
View ArticleParsonage (Acting As Personal Representative In The Estate) v Parsonage and...
Simon Barker QC HHJ [2019] EWHC 2362 (Ch) Bailii England and Wales Updated: 19 February 2021; Ref: scu.640900 br> The post Parsonage (Acting As Personal Representative In The Estate) v Parsonage and...
View ArticleNanomi Babuasin and Others v Modun Mohun and Others: PC 18 Dec 1885
Fort William (Bengal) [1885] UKPC 43 Bailii England and Wales Updated: 19 February 2021; Ref: scu.417909 br> The post Nanomi Babuasin and Others v Modun Mohun and Others: PC 18 Dec 1885 appeared...
View ArticleCherry v Boultbee: HL 22 Nov 1839
B died having made a will leaving a fund to pay income to A who owed her money but had been made bankrupt before the death. The debt to B remained unpaid. Held: The liability to pay the debt and the...
View ArticleKnipe v British Racing Drivers’ Motor Sport Charity and Others: ChD 3 Dec 2020
HHJ Paul Matthews [2020] EWHC 3295 (Ch) Bailii England and Wales Updated: 20 February 2021; Ref: scu.656643 br> The post Knipe v British Racing Drivers’ Motor Sport Charity and Others: ChD 3 Dec...
View ArticleIn re Abrahams: ChD 1908
A debt was owed by the beneficiary to the estate which was payable by way of future instalments which were not due. Held: The debt did not entitle the executors to hold back distribution of the...
View ArticleJemma Trust Company Ltd v Liptrott, Forrester, Kippax Beaumont Lewis: CA 24...
Solicitors sought to challenge an order disallowing a costs item for the administration of an estate which included a percentage of the estate. Held: Despite advances in time recording, ‘we see no...
View ArticleWatson and others v Perotti and Another: CA 25 Apr 2002
[2002] EWCA Civ 771 Bailii England and Wales Updated: 20 February 2021; Ref: scu.217115 br> The post Watson and others v Perotti and Another: CA 25 Apr 2002 appeared first on swarb.co.uk.
View ArticleIn re Lysaght: CA 1898
The testator bequeathed certain shares and declared that they ‘shall carry the interest accruing thereon at my death.’ Held: But for this clause the Apportionment Act would have allowed the residuary...
View ArticleCherry v Boultbee: CA 6 Apr 1838
TB was indebted to CB, his sister, in the sum of andpound;1878. He became bankrupt, and shortly after his bankruptcy C B made her will, giving legacies of andpound;500 and andpound;2,000 to her...
View ArticleTyrell v Painton: CA 1894
The proposed will had been made by the testatrix when ill. She had signed a first will two days earlier. Her doctor said she was exhausted and was drowsy and had complained to her. The treating doctor...
View ArticleBell v Fothergill: 1870
The presumption that where a will is found after death with the deceased but in a mutilated condition, the will has been revoked, is a rebuttable one. [1870] 2 PD 148 England and Wales Updated: 20...
View ArticleGill v Woodall and Others: ChD 5 Oct 2009
The claimant challenged her late mother’s will which had left the entire estate to a charity. She asserted lack of knowledge and approval and coercion, and also an estoppel. The will included a note...
View ArticleTheakston v Marson: 1832
[1832] EngR 297, (1832) 4 Hag Ecc 290, (1832) 162 ER 1452 (B) Commonlii England and Wales Updated: 21 February 2021; Ref: scu.319245 br> The post Theakston v Marson: 1832 appeared first on...
View ArticleBrauer v Germany: ECHR 28 Jan 2010
Just satisfaction – friendly settlement Peer Lorenzen, P 3545/04, [2010] ECHR 74 Bailii European Convention on Human Rights 8 Citing: See Also – Brauer v Germany ECHR 28-May-2009 The applicant was born...
View Article