Key and Another v Key and Others: ChD 5 Mar 2010
key_keyChD2010 References: [2010] EWHC 408 (Ch), [2010] 1 WLR 2020, [2010] WTLR 623 Links: Bailii Coram: Briggs J Ratio: The will was challenged for want of testamentary capacity. The testator was 89...
View ArticleIlott v Mitson and Others: CA 27 Jul 2015
References: [2015] EWCA Civ 797, [2016] 1 All ER 932, [2015] WTLR 1399, [2015] 2 FCR 547, [2015] Fam Law 1196, [2015] 2 FLR 1409 Links: Bailii Coram: Arden, Rymer LJJ, Sir Colin Rimer Ratio: The...
View ArticleHarlow v National Westminster Bank Plc and Others; in re Jennings Dec: CA 13...
References: Gazette 16-Feb-1994, Times 03-Jan-1994, [1994] Ch 286, [1994] 3 WLR 67, [1994] 3 All ER 27, [1993] EWCA Civ 10 Links: Bailii Coram: Lord Justice Nourse, Lord Justice Henry And Sir John May...
View ArticleIlott v Mitson and Others: FD 3 Mar 2014
References: [2015] 1 FLR 291, [2014] EWHC 542 (Fam) Links: Bailii Coram: Parker J Ratio: The claimant sought to appeal against a decision on quantum made under the 1975 Act. The court had awarded her...
View ArticleSnapes v Aram; Wade etc, In re Hancocks (Deceased): CA 1 May 1998
References: Gazette 20-May-1998, Times 08-May-1998, Gazette 03-Jun-1998, [1998] EWCA Civ 764, [1998] 2 FLR 346 Links: Bailii Coram: Lady Justice Butler-Sloss, Lord Justice Judge, Sir John Knox Ratio:...
View ArticleIn re Coventry dec’d: ChD 2 Jan 1979
References: [1979] 2 All ER 408, [1981] Ch 461 Coram: Oliver J Ratio: The court set out the general approach to applications under the 1975 Act: ‘these matters have to be considered at two stages –...
View ArticleIlott v Mitson and Others: CA 31 Mar 2011
References: [2011] EWCA Civ 346, [2011] 2 FCR 1, [2011] WTLR 779 Links: Bailii Coram: Sir Nicholas Wall P, Arden, Black LJJ Ratio: The claimant, the estranged adult daughter of the deceased, had...
View ArticleCameron v Treasury Solicitor: 1996
References: [1996] 2 FLR 716 Ratio: The claimant was the former wife of the deceased. She had been divorced from him 19 years before his death and their matrimonial finances had been settled by a lump...
View ArticleIn re Dennis (Deceased): 1981
References: [1981] 2 All ER 140 Coram: Browne-Wilkinson J Ratio: The now deceased father had made lifetime gifts to the son. The son now faced substantial liabilities for capital transfer tax, and...
View ArticleJohn Edwards An Infant, By Richard Couchman His Guardian, Plaintiff; Robert...
References: [1677] EngR 45, (1677) Fin H 317, (1677) 23 ER 173 (B) Links: Commonlii Ratio: Action by infant beneficiary against father’s executor for account of estate. Jurisdiction: England and Wales...
View ArticleMcleod v Mcnab and Others: PC 17 Jul 1891
References: [1891] UKPC 28 Links: Bailii Ratio: (Nova Scotia) Jurisdiction: Commonwealth Last Update: 03-Apr-17 Ref: 417744 The post Mcleod v Mcnab and Others: PC 17 Jul 1891 appeared first on...
View ArticleUpton v United Kingdom: ECHR 11 Apr 2006
References: 29800/04, [2006] ECHR 1203, 47 EHRR SE24, (2008) 47 EHRR SE24 Links: Bailii Coram: J. Casadevall, P Ratio: Admissibility – the claimant said that he had been disinherited from his...
View ArticleArthur Sinclair of Masilapatam, Esq v Margaret Young, Wife of James Gordon,...
References: [1787] UKHL 3 – Paton – 64 Links: Bailii Ratio: Succession to Adjudications – Interest – Heritable or Moveable. – Whether the accruing interest in an adjudication belongs to the heir or...
View ArticlePla and Puncernau v Andorra: ECHR 13 Jul 2004
References: 69498/01, [2004] ECHR 334 Links: Worldlii, Bailii Ratio: A will made by a widow in 1939, left certain property to her son Francesc-Xavier, as tenant for life, with a stipulation that he was...
View ArticlePla and Puncernau v Andorra: ECHR 8 Aug 2011
References: [2011] ECHR 1575, 69498/01 Links: Bailii Coram: Execution of the judgment Ratio: Execution – The court was asked to interpret a testamentary provision and as to the right of an adopted son...
View ArticleFabris v France [GC]: ECHR 7 Feb 2013
References: 16574/08 – Legal Summary, [2013] ECHR 427 Links: Bailii Ratio: ECHR (Grand Chamber) Article 14Discrimination Difference in treatment of legitimate and illegitimate children for succession...
View ArticleStewart v Secretary of State for Work and Pensions: CA 29 Jul 2011
stewart_sswpCA2011 References: [2011] EWCA Civ 907, [2011] UKHRR 1048 Links: Bailii Coram: Rix LJ, Sir Henry Brooke, Dame Janet Smith Ratio: The court considered the arrangements for providing public...
View ArticleFalkiner and Another v The Commissioner of Stamp Duties: PC 7 Nov 1972
References: [1972] UKPC 21, [1973] AC 565, [1973] STC 85, [1973] 1 All ER 598, [1972] TR 297, [1973] 2 WLR 334 Links: Bailii Coram: Reid, Morris of Borth-y-Gest, Dilhorne, Simon of Glaisdale LL, Sir...
View ArticleHand and Another v George: ChD 17 Mar 2017
References: [2017] EWHC 533 (Ch), [2017] WLR(D) 198 Links: Bailii, WLRD Coram: Rose J Ratio: The court was asked whether the adopted children whose adopting father, the son of the testator, were...
View ArticleMiss Jane Whitefoord, Only Surviving Child of The Deceased Bryce Whitefoord v...
References: [1788] UKHL 3 – Paton – 101 Links: Bailii Ratio: Succession – Fiar – Infeftment – Dispensation Clause – Prescription. – A father conveyed his estates to his heir male, whom failing to his...
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