Burns v Campbell: 1951
An action commenced by a plaintiff in a representative capacity which the plaintiff does not in fact possess is a nullity, and, further, that it makes no difference that the claim made in such an...
View ArticleIn re Basham dec’d; Basham v Basham: 1986
The claimant and her husband had helped her mother and her stepfather throughout the claimant’s adult life. She received no remuneration but understood that she would inherit her stepfather’s property...
View ArticleHohler v Aston: 1920
A Mrs. Aston agreed with her nephew Mr. Hohler to make provision for her niece and her husband, Mr. and Mrs. Rollo. Mrs. Aston died before doing so. Mr. Hohler and Mr. And Mrs. Rollo sued the executors...
View ArticleNaismith v Boyes: HL 28 Jul 1899
A testator, by a settlement disposing of his whole estate, made certain provisions for his wife and children, subject to the declaration that these provisions should be in full of their legal claims....
View ArticleQuarman v Williams: 7 Jun 1842
[1842] EngR 718 (C), (1842) 5 Beav 133 Commonlii England and Wales Updated: 20 May 2021; Ref: scu.307673 br> The post Quarman v Williams: 7 Jun 1842 appeared first on swarb.co.uk.
View ArticleGaskin v Rogers: 1866
The will made a contingent gift. A later codicil removed the contingency, but was witnessed by the beneficiary. Held: The gift was avoided by the section. [1866] LR 2 Eq 284 Wills Act 1837 15 England...
View ArticleMiller’s Trustees v Miller: 1958
The issue was whether the rule of conditio si institutus sine liberis decesserit operated and, if so, whether two nephews who predeceased the date of a codicil which the testator made to his trust...
View ArticleBlack v Watson: 1841
Where a testator leaves more than one testamentary writing they are to be read together so far as possible as if they formed one deed. (1841) 3 D 522 Scotland Cited by: Cited – Earl of Balfour v Keeper...
View ArticleSaunders v Garrett: 2005
S and G lived together in a same-sex relationship. They owned the house they lived in and another as tenants in common. G owned other properties which provided the couple with an income. The will of G...
View ArticleRex v Stewart: 1840
It is the duty at common law for a householder under whose roof a person has died to make arrangements for the dignified and decent burial of the deceased, at least in circumstances where the deceased...
View ArticleKentfield v Wright: ChD 1 Jul 2010
The claimant disputed her mother’s will which left everything to her brother, challenging its execution. She said that the second witness had not been present when the will was signed. Held: The will...
View ArticleIn Re D (Statutory Will); VAC v JAD and Others: ChD 16 Aug 2010
The protected person’s deputy sought authority for making a statutory will for her. An earlier Enduring Power had been found to be a forgery, and a later will was also doubted. The deputy had been...
View ArticleIn Re Papillon (deceased): ChD 2006
Mr Guy Newey QC considered the presumption of due execution when propounding a will: ‘The burden of proving due execution, whether by presumption or by positive evidence, rests on the person setting up...
View ArticleRe Flynn: ChD 1982
The deceased, who had given instructions for the preparation of the codicil some time earlier, was gravely ill after a heart attack at the time when he executed it and died the next day. The codicil...
View ArticleDowson v Bell: 28 Jun 1837
[1837] EngR 875, (1837) 1 Keen 761, (1837) 48 ER 500 Commonlii England and Wales Updated: 20 May 2021; Ref: scu.313992 br> The post Dowson v Bell: 28 Jun 1837 appeared first on swarb.co.uk.
View ArticleRea v Rea and Others: ChD 14 Apr 2021
Appeal after trial of probate application continued in face of request for adjournment to allow fresh representation. Mr Justice Adam Johnson [2021] EWHC 893 (Ch) Bailii England and Wales Updated: 21...
View ArticleRe Estate of Thomas Deceased: ChD 19 Apr 2021
Part 8 claim for construction of a will. [2021] EWHC 937 (Ch) Bailii England and Wales Updated: 21 May 2021; Ref: scu.662120 br> The post Re Estate of Thomas Deceased: ChD 19 Apr 2021 appeared first...
View ArticleRawstron and Another (Executrices of The Estate of Lucian Freud) v Freud: ChD...
The court considered the construction of a point in the deceased’s will. The clause said: ‘I GIVE all the residue of my estate (out of which shall be paid my funeral and testamentary expenses and my...
View ArticleTugwell v Heyman: 1812
Where executors in an estate do not make arrangements for the funeral of the deceased, but have sufficient assets to do so, they are responsible to indemnify any other person arranging for a proper and...
View ArticleSmith v Tebbitt: 1867
Sir JP Wilde (1867) 1 PandD 398 England and Wales Cited by: Cited – Perrins v Holland and Others; In re Perrins, deceased CA 21-Jul-2010 The testator had given instructions for his will and received a...
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