In re Hawksley’s Settlement; Black v Tidy: 1934
References: [1934] Ch 384 Coram: Luxmoore J Ratio: A second will was described as the last will and moreover referred to the first will as the cancelled will, the testatrix having written on a copy of...
View ArticleChadwick v Collinson and Others: ChD 24 Sep 2014
References: [2014] EWHC 3055 (Ch) Links: Bailii Coram: Pelling QC HHJ Ratio: The court considered the division of the estate under the 1982 Act, after a beneficiary had been found to have killed the...
View ArticleIn re Jane Davies: 1891
References: [1891] 3 Ch 119 Ratio: An action brought by a residuary legatee against an executor for the administration of the testator’s estate is an action for a legacy. An executor, qua executor, is...
View ArticleRandall v Randall: ChD 7 Oct 2014
References: [2014] EWHC 3134 (Ch) Links: Bailii Coram: DM Maraes Ratio: The parties requested a decision on a preliminary issue, namely: ‘whether, on the footing that the facts and matters set out in...
View ArticleBrown v Executors of the Estate of HM Queen Elizabeth the Queen Mother and...
References: [2008] EWCA Civ 56, [2008] 1 WLR 2327, [2008] 1 WLR 2327 Links: Bailii Coram: Lord Phillips of Worth Matravers CJ, Thorpe LJ, Dyson Lj Ratio: The claimant sought leave to appeal refusal of...
View ArticleBrown v HM Queen Elizabeth, the Queen Mother, the Executors of the Estate of...
References: [2007] EWHC 1607 (Fam), [2007] WTLR 1129 Links: Bailii Coram: Sir Mark Potter P Ratio: The plaintiff sought the unsealing of the wills of the late Queen Mother and of the late Princess...
View ArticleRe Benmusa: FD 14 Mar 2017
References: [2017] EWHC 494 (Fam) Links: Bailii Coram: Sir James Munby P FD Ratio: The claimant sought to have unsealed the will of the late Princess Margaret. Held: The application was struck out:...
View ArticleLewis v Lewis: 1904
References: [1904] Ch 656 Ratio: An executor owes no duty to inform a legatee of the terms of his legacy. Jurisdiction: England and Wales This case is cited by: Cited – Brown v Executors of the Estate...
View ArticleBourne v Lloyds TSB Bank Plc and Another: CA 10 Jun 2015
References: [2015] EWCA Civ 881 Links: Bailii Coram: McCombe LJ Ratio: Appeal against court ordered appointment of the bank as executor of the father’s estate. Jurisdiction: England and Wales Last...
View ArticleGrey v Pearson: HL 9 Mar 1957
References: [1857] 6 HL Cas 61, [1857] EngR 335, (1857) 6 HLC 61, (1857) 10 ER 1216 Links: Commonlii Coram: Lord Wensleydale Ratio: The House was required to interpret a will where a benefit was to...
View ArticleRector of Wrington and The Bath and Wells Diocesan Board of Finance v...
References: Times 29-Mar-2002, Gazette 11-Apr-2002, [2002] EWHC 218 (Ch) Links: Bailii Coram: Mr Justice Etherton Ratio: Land having been conveyed under the Act, and it no longer being needed as a...
View ArticleJenkins v Gaisford, Re Jenkins (deceased)’s goods: ChD 1863
References: (1863) Ratio: The testator had become infirm and unable to sign his name. He had made a stamp which reproduced his signature. He used it to execute his will. The will was challenged. Held:...
View ArticleBrooke v Garrod: 1857
References: (1857) 3 K & J 608, (1857) 2 De G & J 62, [1857] EngR 4 (B) Links: Commonlii Ratio: The testator directed his trustees to offer all his real estate to his brother at the price of...
View ArticleCharles Harwood v Maria Baker: PC 1840
References: (1840) 3 Moores PCC 282, [1840] EngR 1087, (1840) 3 Moo PC 282, (1840) 13 ER 117 Links: Commonlii Coram: Erskine J Ratio: The Board emphasised the importance that the Court of Probate...
View ArticleSpiers v English: 1907
References: [1907] P 122 Coram: Sir Gorrell Barnes P Ratio: The two main principles which should guide the court in determining that costs in an appropriate suit are not to follow the event are firstly...
View ArticleRe Ray’s Will Trusts, Public Trustee v Barry: 1936
References: [1936] Ch 520 Ratio: The testatrix, a nun, left her property to whoever was abbess of the convent at the date of her death. The nun who witnessed the will was later that abbess. The gift...
View ArticleRe Bunning, deceased; Bunning v Salmon: ChD 1984
References: [1984] 1 Ch 480, [1984] 3 WLR 265, [1984] 3 All ER 1 Coram: Vinelott J Ratio: Vinelott J calculated that the maximum award which the widow would have received in matrimonial proceedings to...
View ArticleRe Flynn: 1968
References: [1968] 1 WLR 103 Coram: Megarry J Ratio: The court had to decide on the intentions of the deceased with regard to domicile: ‘In one sense there is no end to the evidence that may be...
View ArticleIn the estate of Wallace, dec’d; Solicitor of the Duchy of Cornwall v Batten...
References: [1952] Times LR 925 Coram: Devlin J Ratio: The deceased shortly before his death wrote and signed a statement called his ‘Last wish’ which provided that certain persons were to have all his...
View ArticleRe Debenham deceased: 1986
References: [1986] 1 FLR 404 Coram: Ewbank J Ratio: The court considered what special circumstances had to be shown to found a claim under the Act other than by a spouse: ‘It is also said on behalf of...
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