A and Others -v- B and Others; ChD 25 Feb 2016
References: [2016] EWHC 340 (Ch) Links: Bailii Coram: Warren J Statutes: Variation of Trusts Act 1958 Last Update: 03-Mar-16 Ref: 560269
View ArticleKebbeh -v- Farmer and Others; ChD 23 Dec 2015
References: [2015] EWHC 3827 (Ch) Links: Bailii Coram: Purle QC HHJ Claim for family provision under the 1975 Act. Statutes: Inheritance (Provision for Family and Dependants Act) 1975 Last Update:...
View ArticleMukta Gokaldas Hindocha (widow of C S Gheewala) and Others -v- Mahesh...
References: [2003] UKHL 77 Links: Bailii, PC Coram: Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Walker of Gestingthorpe, Sir William Aldous PC (Jersey) The defendant sought...
View ArticleAlexander Burnet, Charge Des Affaires At The Court of Berlin -v- Sir Thomas...
References: [1766] UKHL 2_Paton_122, (1766) 2 Paton 122 Links: Bailii Ratio Succession – Adjudications – Destination – Heirs Whatsoever – Confusio.- Adjudications were purchased up by the heir...
View ArticleMrs Eupham Hamilton, Widow of Charles Hamilton, Esq, and Bethia and Charlotte...
References: [1767] UKHL 2_Paton_137, (1767) 2 Paton 137 Links: Bailii Ratio Heir and Executor – Apparency – Rents.- Held, reversing the judgment of the Court of Session, that the executors, and not the...
View ArticleMrs Pringle and Robert Andrews and Mark Pringle -v- John Pringle of Crichton;...
References: [1767] UKHL 2_Paton_130 Links: Bailii Ratio Deathbed – Faculty to Burden – Testament.- A party disponed his whole estate to his heir-at-law, under a reserved power or faculty to burden at...
View ArticleIn re Evans Dec’d; 1999
References: [1999] 2 All ER 777 Ratio Where the administration of a deceased’s estate remained incomplete the claimants rights to receive their share or interest had not yet accrued, and the limitation...
View ArticleGerling -v- Gerling and Others; ChD 21 Dec 2010
References: [2010] EWHC 3661 (Ch) Links: Bailii Ratio Application for rectification of will. Last Update: 03-Apr-16 Ref: 434927
View ArticleSlattery and Others -v- Jagger and Others; ChD 10 Nov 2015
References: [2015] EWHC 3976 (Ch) Links: Bailii Coram: Hodge QC HHJ Last Update: 11-Apr-16 Ref: 561579
View ArticleMargaret and Elizabeth Duncan -v- Francis Fowke; HL 5 Feb 1773
References: [1773] UKHL 2_Paton_290 Links: Bailii Ratio Vesting of Legacies.- Circumstances in which legacies held to vest. Last Update: 13-Apr-16 Ref: 561815
View ArticleRe Malpass; ChD 1985
References: [1985] Ch 42 Coram: Megarry VC Ratio The testator gave an option to his son to purchase his farm ‘at the agricultural value thereof determined for probate purposes . . as agreed with the...
View ArticleJohn Chatto, Esq, An Infant, and His Administrator-At-Law -v- William...
References: [1770] UKHL 2_Paton_243 Links: Bailii Ratio Succession – Heirs.- Import of Term ‘ Heirs,’ as used in a destination. Last Update: 14-Apr-16 Ref: 561671
View ArticleRe Marshall’s Will Trusts; 1945
References: [1945] Ch 217 Coram: Cohen J Ratio The word ‘trust’ is to be given its ordinary meaning. Cohen J adopted, as its ordinary meaning, the definition then to be found in Underhill on Trusts: ‘A...
View ArticleBerger -v- Berger; CA 29 Oct 2013
References: [2013] EWCA Civ 1305 Links: Bailii Coram: Moses, Black, Gloster LJJ Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Last Update: 20-Apr-16 Ref: 517022
View ArticleSmith -v- Smith and Others; ChD 8 Jul 2011
References: [2011] EWHC 2133 (Ch) Links: Bailii Coram: Mann J Statutes: Inhertiance (provision for Family and Dependants) Act 1975 Last Update: 24-Apr-16 Ref: 443239
View ArticleCowderoy -v- Cranfield; ChD 13 Oct 2011
References: [2011] EWHC 2628 (Ch) Links: Bailii Coram: Morgan J This case cites: Principal judgment – Cowderoy -v- Cranfield ChD (Bailii, [2011] EWHC 1616 (Ch)) The claimant challenged a will alleging...
View ArticleThe Estate of Dr Anandh & Another -v- Barnet Primary Health Care Trust and...
References: [2004] EWCA Civ 5 Links: Bailii Coram: Lord Justice Potter Lord Justice Latham Lady Justice Arden Last Update: 27-Apr-16 Ref: 192295
View ArticleGully -v- Dix; In re Dix deceased; CA 21 Jan 2004
References: Times 28-Jan-2004, [2004] EWCA Civ 139, [2004] 1 FLR 918 Links: Bailii Coram: Ward LJ, Mummery LJ, Rix LJ Ratio The claimant sought provision from the estate under the Act. She had...
View ArticleBuchanan -v- Milton; 1999
References: [1999] 2 FLR 844 Coram: Hale J Ratio Hale J said: ‘There is no right of ownership in a dead body. However, there is a duty at common law to arrange for its proper disposal. This duty falls...
View Article