Creasey and Another v Sole and Others: ChD 24 May 2013
The parties, brothers and sisters, disputed ownership of lands to be inherited from the estates of their parents, and whether parts of the farm purchased in several lots under different ownerships...
View ArticleEvans v Gwillim: 8 May 1846
[1846] EngR 655 (C), (1846) 4 Hare 635 Commonlii England and Wales Wills and Probate, Insolvency Updated: 13 December 2021; Ref: scu.302550 The post Evans v Gwillim: 8 May 1846 appeared first on...
View ArticleHart and Another v Burbidge and Others: ChD 12 Jun 2013
Sir William Blackburne [2013] EWHC 1628 (Ch) Bailii England and Wales Wills and Probate Updated: 13 December 2021; Ref: scu.510807 The post Hart and Another v Burbidge and Others: ChD 12 Jun 2013...
View Article–––––– v Harvery Executrix of Sir Job Harvery: 1803
In debt. The defendant pleaded a joint judgment against the testator, and Erasmus Harvey who is now alive, and that he had not assets beyond the said judgment to satisfy. The plaintiff demurs ; and...
View ArticleRam and Another v Chauhan and Another: Misc 19 Jul 2017
Leeds County Court – Challenge to validity of will – witnesses not present – lack of capacity – undue influence Saffmann HHJ [2017] EW Misc 12 (CC) Bailii Wills Act 1837 9 England and Wales Citing:...
View ArticleGreenwood v Greenwood: 1776
‘If he had a power of summoning up his mind, so as to know what his property was, and who those persons were that then were the objects of his bounty, then he was competent to make his will.’ Lord...
View ArticleKey and Another v Key and Others: ChD 5 Mar 2010
The will was challenged for want of testamentary capacity. The testator was 89 years old, and the will was made within a week of the death of his wife of 65 years and without the solicitor having taken...
View ArticleCharles Harwood v Maria Baker: PC 1840
The Board emphasised the importance that the Court of Probate should be satisfied that a testatrix had the necessary capacity when she executed the will if the evidence showed that she had lost...
View ArticleZorbas v Sidiropoulous (No 2): 10 Jul 2009
Austlii (Supreme Court of New South Wales – Court of Appeal) SUCCESSION – Testamentary capacity – Testatrix gravely ill in hospital – While in hospital will made changing earlier will – Whether...
View ArticleHoff and others v Atherton: CA 19 Nov 2004
Appeals were made against pronouncements for the validity of a will and against the validity of an earlier will. The solicitor drawing the will was to receive a benefit, and had requested an...
View ArticlePotter v Potter: FdNI 5 Feb 2003
The testator’s capacity to make his will was challenged. He had lived alone without electricity, but his doctor said he was known to him and was ‘with it’. Evidence from a member of staff at the...
View ArticleKostic v Chaplin and others: ChD 15 Oct 2007
The deceased had for several years suffered a delusional disorder. The validity of his last two wills was challenged. In one had had left his entire estate to the Conservative Party. Held: The wills...
View ArticleBurdett v Thompson: 1878
(1878) 3 P and D 72 England and Wales Cited by: Cited – Banks v Goodfellow QBD 6-Jul-1870 Test for Capacity to Execute Will The testator suffered from delusions, but not so badly or in such a way as...
View ArticleKerr v Mangan and Others: SCS 25 Jul 2014
The deceased’s former partner of many years claimed after his death for money from his estate. The court agreed, but decided that a house in in Ireland belong to the deceased had not been part of the...
View ArticlePerrins v Holland and Others; In re Perrins, deceased: CA 21 Jul 2010
The testator had given instructions for his will and received a draft will. The judge had found that he had capacity to make the will when he gave instructions but not when it was executed. The will...
View ArticleRatcliff And Another v Barnes: 16 Jan 1862
[1862] EngR 287 (B), (1862) 2 Sw and Tr 486 Commonlii England and Wales Wills and Probate, Costs Updated: 20 December 2021; Ref: scu.286453 The post Ratcliff And Another v Barnes: 16 Jan 1862 appeared...
View ArticleLord Sidney Beauclerk And Topham Beauclerk His Son v Doctor Mead, Executor of...
A will is ambulatory, till a testator’s death, nor till then can money directed to be laid out in land, be considered as land.-A testator says, as to the rest and residue of his lands, etc, his will...
View ArticleTadros and Another v Barratt and Others: ChD 21 Aug 2014
Application for an anti-suit injunction made in the course of current proceedings in England which concern the estate of the late Wedad Tadros Morgan J [2014] EWHC 2860 (Ch) Bailii Wills and Probate...
View ArticleIn The Goods Of Jean Eugene Lamontagne Bourget, Deceased: 14 Jan 1837
[1837] EngR 379, (1837) 1 Curt 591, (1837) 163 ER 207 (B) Commonlii England and Wales Wills and Probate, Health Updated: 20 December 2021; Ref: scu.313496 The post In The Goods Of Jean Eugene...
View ArticleAli v Nazma and Others: FD 27 Nov 2020
Mr Justice MacDonald [2020] EWHC 3195 (Fam) Bailii England and Wales Wills and Probate, Costs Updated: 21 December 2021; Ref: scu.657627 The post Ali v Nazma and Others: FD 27 Nov 2020 appeared first...
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