Re Selby’s Will Trusts: ChD 1966
References: [1966] 1 WLR 43 Coram: Buckley J Ratio: This case cites: Applied – Re Allen (dec’d) CA ([1953] Ch 810, [1953] 1 All ER 308) The testator had devised property to the eldest of the sons of...
View ArticleRe King’s Will Trusts, Assheton v Boyne: ChD 1964
References: [1964] Ch 542 Coram: Pennycuick J Ratio: An assent by personal representatives is ‘the instrument or act whereby a personal representative effectuates a testamentary disposition by...
View ArticleKostic v Chaplin and others: ChD 15 Oct 2007
References: [2007] EWHC 2298 (Ch) Links: Bailii Coram: Henderson J Ratio: The deceased had for several years suffered a delusional disorder. The validity of his last two wills was challenged. In one...
View ArticleKostic v Chaplin and others: ChD 7 Dec 2007
References: [2007] EWHC 2909 (Ch), Times 11-Jan-2008 Links: Bailii Coram: Henderson J Ratio: The claimant had brought contentious probate proceedings, and succeeded in establishing that the deceased...
View ArticleNestle v National Westminster Bank: CA 6 May 1992
References: [1992] EWCA Civ 12, [1993] 1 WLR 1260, [1994] 1 All ER 118 Links: Bailii Coram: Dillon, Staughton, Leggatt LJJ Ratio: The claimant said that the defendant bank as trustee of her late...
View ArticleScammell and Another v Farmer: ChD 22 May 2008
References: [2008] EWHC 1100 (Ch), [2008] WTLR 1261 Links: Bailii Coram: Stephen Smith QC Ratio: A challenge was made to will for the alleged lack of capacity of the testatrix who was said to have...
View ArticleCouwenbergh v Valkova: ChD 16 Oct 2008
References: [2008] EWHC 2451 (Ch) Links: Bailii Coram: Blackburne J Ratio: Challenge to admission of will to probate. Held: The presumption of due attestation of a will had not been rebutted. This case...
View ArticleBentley v Oldfield: 8 Nov 1854
References: [1854] EngR 859, (1854) 19 Beav 225, (1854) 52 ER 335 Links: Commonlii Ratio: Devise of ‘my property in houses, andc., at G.’ held (independently of Wills Act) to pass the fee.A testator...
View ArticleLord Walpole v Lord Orford: 1789
References: [1789] EngR 1464, (1789-1817) 1 Ves Jun Supp 393, (1789) 34 ER 842 (B) Links: Commonlii Ratio: The court was asked, where there were two inconsistent wills, to which of them a later codicil...
View ArticleKentfield v Wright: ChD 1 Jul 2010
kentfield_wrightChd10 References: [2010] EWHC 1607 (Ch) Links: Bailii Coram: Vos J Ratio: The claimant disputed her mother’s will which left everything to her brother, challenging its execution. She...
View ArticleIn re Scarisbrick’s Will Trusts, Cockshott v Public Trustee: CA 1951
References: [1951] 1 All ER 822 CA, [1951] Ch 622 Coram: Jenkins LJ Ratio: The court was asked whether a trusts for poor persons within a restricted category, the testator’s descendants, not meeting...
View ArticleRe Ashton: CA 1898
References: [1898] 1 Ch 142 Ratio: (Reversed) Jurisdiction: England and Wales This case cites: Appeal from – Re Ashton ChD ([1897] 2 Ch 574) Stirling J said: ‘Prima facie the duty of making a provision...
View ArticleIn re E, deceased: 1966
References: [1966] 1 WLR 709 Coram: Stamp J Ratio: Possible receipt by a family member in receipt of state support greater than the testator could sensibly provide may be an understandable reason why...
View ArticleClarke v Brothwood and others; In re Clarke: ChD 16 Nov 2006
References: [2006] EWHC 2939 (Ch) Links: Bailii Coram: Behrens J Ratio: The claimant sought rectification of a will. The respondents argued that any mistake was not a clerical one so as to bring it...
View ArticleNote Re Charles Garnett: ScSf 7 Dec 2016
References: [2016] ScotSC 80 Links: Bailii Ratio: Statutes: Succession (Scotland) Act 2016 Jurisdiction: Scotland Last Update: 24-May-17 Ref: 583962 The post Note Re Charles Garnett: ScSf 7 Dec 2016...
View ArticleLancaster v Evors: 1841
References: (1841) 4 Beav 158 Ratio: A creditor of the deceased’s estate could enforce a cause of action vested in an estate which the executors were not willing to enforce. This case is cited by:...
View ArticleWright’s Trustees v Callender: HL 28 Jan 1993
References: [1993] UKHL 13, 1993 SLT 556, 1993 SCLR 415, 1993 SC (HL) 13 Links: Bailii Coram: Lord Keith of Kinkel Ratio: Last Update: 25 May 2017 Ref: 279767 The post Wright’s Trustees v Callender: HL...
View ArticleIn re Ross, deceased: ChD 10 Nov 2004
References: Times 24-Nov-2004 Coram: Kosmin QC Ratio: The deceased owned an apartment subject to a mortgage. He left it in his will to his fiancee. There was a dispute as to whether the property was...
View ArticleChichester Diocesan Board of Finance v Simpson: HL 21 Jun 1944
References: [1944] UKHL 2, [1944] AC 341 Links: Bailii Ratio: The court was asked whether a gift in a will to the trustees ‘for such charitable institution or institutions or other charitable or...
View ArticleRe Philipson-Stow: HL 1961
References: [1961] AC 727 Coram: Lord Reid, Lord Denning Ratio: The section excluded from liability for estate duty property ‘passing on the death which is situate out of Great Britain if it is shown...
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