Scotching v Birch: ChD 2008
When a court is asked which of several people may be appointed administrator of a deceased’s estate section 116 jurisdiction is capable of being engaged. Patten J [2008] EWHC 844 (Ch) Senior Courts Act...
View ArticleBrindle v Palmer: CA 6 Dec 2007
Thorpe LJ [2007] EWCA Civ 1464 Bailii England and Wales Updated: 11 May 2021; Ref: scu.264483 br> The post Brindle v Palmer: CA 6 Dec 2007 appeared first on swarb.co.uk.
View ArticleAmos v Mancini and Others: ChD 30 Apr 2020
The claimant sought a declaration as to whether the forfeiture rule applies to her and if so, applies for modification of the effect of that rule under section 2 of the Forfeiture Act 1982 [2020] EWHC...
View ArticleGesek v Estate of Tusnelda Maria Giller (Deceased): CA 13 Nov 1998
The plaintiff sought damages from the estate. The appointed defendant had not taken out a grant of probate. There was confusion about the terms of an order made authorising the representation. Held:...
View ArticlePrice v Gould: 1930
In relation to wills and settlements the legislature had used the word ‘family’ ‘to introduce a flexible and wide term’ so that brothers and sisters were to be treated as members of the family. The...
View ArticleWard and Another v Ward: CA 13 Nov 2001
[2001] EWCA Civ 1737 Bailii England and Wales Updated: 12 May 2021; Ref: scu.201542 br> The post Ward and Another v Ward: CA 13 Nov 2001 appeared first on swarb.co.uk.
View ArticleClitheroe v Bond: ChD 21 May 2020
family dispute between the Claimant brother and Defendant sister as to whether their mother, the deceased, had testamentary capacity to make each of her two wills and in addition or in the alternative...
View ArticleCarapeto v Good and Others: ChD 19 Apr 2002
[2002] EWHC 640 (Ch), [2002] WTLR 1305, [2002] WTLR 801 Bailii England and Wales Updated: 12 May 2021; Ref: scu.467208 br> The post Carapeto v Good and Others: ChD 19 Apr 2002 appeared first on...
View ArticleJelley v Iliffe: CA 16 Dec 1980
Appeal from refusal of order for reasonable financial provision from estate. [1980] EWCA Civ 4, [1981] 2 WLR 801, [1981] Fam 128 Bailii Inheritance (Provision for Family and Dependants) Act 1975...
View ArticleMiles and Another v Shearer: ChD 23 Apr 2021
Claims by adult children of deceased in first marriage against estate. Sir Julian Flaux C [2021] EWHC 1000 (Ch) Bailii Inheritance (Provision for Family and Dependants) Act 1975 England and Wales...
View ArticleMorris v Davies and Others: ChD 12 Jul 2011
The executors under the will sought that it be admitted to probate. The defendants argued that it was a sham. The court now decided what was the domicile of the deceased. Hollander QC [2011] EWHC 1773...
View ArticleGayle v Gayle and Another: CA 23 Mar 2006
Second application for permission to appeal. Lloyd J [2006] EWCA Civ 462 Bailii England and Wales Updated: 14 May 2021; Ref: scu.266542 br> The post Gayle v Gayle and Another: CA 23 Mar 2006...
View ArticleMussamat Kamarunnissa Bibi v Mussamat Husaini Bibi: PC 1 Jul 1880
(North-West Frontier Province) [1880] UKPC 36 Bailii England and Wales Updated: 16 May 2021; Ref: scu.418406 br> The post Mussamat Kamarunnissa Bibi v Mussamat Husaini Bibi: PC 1 Jul 1880 appeared...
View ArticleHyde v The Dean and Canons of Windsor: 1597
Executors will not be liable for the non-performance of a contract where the services or performance to be provided by the deceased are personal. [1597] Cro Eliz 552 England and Wales Updated: 16 May...
View ArticleKipping and Barlow v Ash: 1845
[1845] 1 Rob Eccl 270 England and Wales Cited by: Cited – O’Brien v Seagrave and Another ChD 23-Mar-2007 The claimant had cohabited with the deceased. After his death, she applied for a grant of...
View ArticleHingeston v Tucker: 1862
[1862] 2 SW and TR 596 England and Wales Cited by: Cited – O’Brien v Seagrave and Another ChD 23-Mar-2007 The claimant had cohabited with the deceased. After his death, she applied for a grant of...
View ArticleGajambal Ramalingham and Others v Rakn-Ul-Mulk Syed Abdul Wajid and Others...
[1949] UKPC 76 Bailii England and Wales Updated: 16 May 2021; Ref: scu.447735 br> The post Gajambal Ramalingham and Others v Rakn-Ul-Mulk Syed Abdul Wajid and Others (Mysore): PC 12 Dec 1949...
View ArticleRaymond Saul and Co (A Firm) v Holden and Another; In re Hemming (deceased):...
The claimant was sole residuary legatee of his mother’s estate. He became bankrupt, but was released by automatic discharge from the bankruptcy before the administration of the estate was completed. He...
View ArticleSudeley v Attorney-General: HL 1897
The husband had died leaving part of his residuary estate to his widow. She then died before the estate was fully administered. Both died domiciled in England. The husband’s estate included mortgages...
View ArticleMuckleston v Brown: 1801
‘Let the estate lie where it falls.’ Lord Eldon (1801) 6 Ves. 52 England and Wales Cited by: Cited – Cantor v Cox 1975 An unmarried couple had lived together, and now disputed its ownership. It had...
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