The Solicitor for the Affairs of HM Treasury v Doveton and Another: ChD 13...
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 completed. In breach...
View ArticleParkinson v Fawdon: ChD 30 Jul 2009
The deceased and his partner had made mirror wills. On the second death it appeared that a named residuary beneficiary did not exist. The claimant, with a similar name said it had intended to name him....
View ArticleMoore v Holdsworth and Others: ChD 12 Mar 2010
The claimant sought reasonable provision from the estate of her late husband. She suffered advanced multiple sclerosis, and the estate was relatively small, from which she was to receive pounds 40,000....
View ArticleFerneley v Napier and Others: ChD 17 Dec 2010
The claimant said that the defendants had destroyed her deceased lover’s will. Mann J [2010] EWHC 3345 (Ch), [2011] WTLR 1303 Bailii England and Wales Updated: 19 March 2021; Ref: scu.427289 br> The...
View ArticleHertsmere Primary Care Trust and others v the Estate of Rabindra-Anandh and...
The appellants contested an indemnity costs order made against them. The claimant had sought repayment from the estate of the deceased of repayment of fraudulent overclaims by deceased optician. An...
View ArticleOliver, Iliffe v Trafford and Another: ChD 19 Dec 2001
Major Stibbard had died appointing family members and a solicitor to act in his will. The family had become embroiled in bitter litigation. The defendants were appointed administrators with will...
View ArticleClayton v Ramsden: HL 1943
A condition in the will was that the legatee, his daughter, should not marry a person ‘not of Jewish parentage and of the Jewish faith.’ Held: The condition was void for uncertainty. Lord Russell of...
View ArticleDay v Day: ChD 23 Jun 2005
[2005] EWHC 1455 (Ch) Bailii England and Wales Updated: 20 March 2021; Ref: scu.229682 br> The post Day v Day: ChD 23 Jun 2005 appeared first on swarb.co.uk.
View ArticleBokhari v Harb, Harb and Harb: ChD 8 Feb 2005
The Hon Mr Justice Lightman [2005] EWHC 56 (Ch) Bailii England and Wales Updated: 20 March 2021; Ref: scu.222786 br> The post Bokhari v Harb, Harb and Harb: ChD 8 Feb 2005 appeared first on...
View ArticlePowys v Mansfield (443): 23 Feb 1836
[1836] EngR 443, (1835-1836) 6 Sim 528, (1836) 58 ER 692 Commonlii England and Wales Cited by: See Also – Powys v Mansfield (444) 23-Feb-1836 . . These lists may be incomplete. Updated: 20 March 2021;...
View ArticlePowys v Mansfield (444): 23 Feb 1836
[1836] EngR 444, (1836) Donn Eq 9, (1836) 47 ER 192 (B) Commonlii England and Wales Citing: See Also – Powys v Mansfield (443) 23-Feb-1836 . . These lists may be incomplete. Updated: 20 March 2021;...
View ArticleWharton v Bancroft and Others: ChD 8 Dec 2011
Mr Wharton anticipated his imminent death. He made a will leaving everything to his long time partner in anticipation of their marriage, married her and died a few days later. The will made no...
View ArticleLees v Mosley And Another: 24 Feb 1836
[1836] EngR 450, (1835) 1 Y and C Ex 589, (1836) 160 ER 241 Commonlii England and Wales Updated: 21 March 2021; Ref: scu.314782 br> The post Lees v Mosley And Another: 24 Feb 1836 appeared first on...
View ArticleHoward v Howard-Lawson Bt: CA 18 Jan 2012
The parties disputed the effect of a names and arms clause in a will. Held: The gift did not fail. ‘The submission that the testator would have been concerned to have the heir take up and use the...
View ArticleHeardson v Williamson: 17 Feb 1836
Where an estate is devised, without any limitation of the quantity of interest, to trustees in trust for a limited purpose, with remainder to persons to whom the beneficial interest is given, the legal...
View ArticleHinton and Another v Leigh and Another: ChD 26 Oct 2009
The testator had made a will, agreed to be valid, but then purported to revoke it. A test at the time suggested he suffered moderate dementia. Held: The revocation was invalid based on the medical...
View ArticleCourt and Others v Despallieres: ChD 17 Dec 2009
The claimants sought to challenge a will admitted to probate, saying that the will had been revoked by the testator later entering into a civil partnership. Held: The effect of the provisions inserted...
View ArticleWharton v Bancroft and Others: ChD 30 Jan 2012
The will was challenged for want of knowledge and approval of it by the testatrix. Held: Norris J set out the correct approach: ‘(a) The assertion that Mr Wharton did not ‘know and approve’ of the 2008...
View ArticleMarley v Rawlings and Another: CA 2 Feb 2012
Mr and Mrs Rawlings had made wills in substantially similar format, but, mistakenly, they each executed the will intended for the other. After Mr Rawling died, the family disputed whether he had made a...
View ArticleGoncharova v Zolotova and Others: QBD 28 Oct 2015
The claimant sought an order for the exhumation of the body of a person she said was her father in order o claim against his estate. Thirlwall DBE J [2015] EWHC 3061 (QB) Bailii England and Wales...
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