X Against A, B, C and D: ScSf 22 Aug 2016
References: [2016] ScotSC 5 Links: Bailii Ratio: Jurisdiction: Scotland Last Update: 09-Jun-17 Ref: 583939 The post X Against A, B, C and D: ScSf 22 Aug 2016 appeared first on swarb.co.uk.
View ArticleX Against A, B, C and D (Facts): ScSf 22 Aug 2016
References: [2016] ScotSC 4 Links: Bailii Ratio: Jurisdiction: Scotland Last Update: 09-Jun-17 Ref: 583938 The post X Against A, B, C and D (Facts): ScSf 22 Aug 2016 appeared first on swarb.co.uk.
View ArticleGibbons v Dawley: 1674
References: [1674] EngR 31, (1674) 2 Chan Cas 198, (1674) 22 ER 909 (B) Links: Commonlii Ratio: Testatment – Discretion – Distribution Jurisdiction: England and Wales Last Update: 17-Jun-17 Ref: 406030...
View ArticleSeals and Another v Williams: ChD 15 May 2015
References: [2015] EWHC 1829 (Ch) Links: Bailii Coram: Norris J Ratio: The parties lawyers had proposed a Early Neutral Evaluation of the case anticipating mediation. The parties disputed inheritance...
View ArticleIlott v Genge: PC 21 Feb 1844
References: [1844] EngR 282, (1844) 4 Moo PC 265, (1844) 13 ER 304, [1844] UKPC 8 Links: Commonlii, Bailii Ratio: (Prerogative Court of Canterbury) The mere circumstance of the deceased having called...
View ArticleEspinosa v Bourke: CA 1999
References: [1999] 1 FLR 747 Coram: Butler-Sloss LJ Ratio: The claimant was the adult daughter of the deceased. She had been expressly excluded by the deceased from a share in his estate. The claimant...
View ArticlePicarda and others v Picarda and Another: CA 25 Jul 1995
References: [1995] EWCA Civ 39 Links: Bailii Coram: Staughton, Rose, Pill LJJ Ratio: Jurisdiction: England and Wales Last Update: 19-Jun-17 Ref: 259355 The post Picarda and others v Picarda and...
View ArticleRe Christie (deceased): 1979
References: [1979] Ch 168, [1979] 1 All ER 546 Coram: Mr Vivian Price QC Ratio: In an application under the 1975 Act, the judge treated maintenance as being equivalent to providing for the well-being...
View ArticleIn re R (Enduring Powers of Attorney): ChD 1990
References: [1990] 1 Ch 647, [1990] 2 WLR 1219 Coram: Vinelott J Ratio: The claimant had worked for the deceased for many years. The deceased gave her nephew an enduring power of attorney which was in...
View ArticleIn the Estate of Bercovitz, deceased; Canning v Enever: CA 1962
References: [1962] 1 WLR 321, [ 1962] 1 All ER 552 Ratio: Upheld – The court must be satisfied that the witness had signed the will with the intention of attesting the testator’s signature or of...
View ArticleIn the Estate of Knibbs, deceased. Flay v Trueman: 1962
References: [1962] 1 WLR 852, [1962] 2 All ER 829 Coram: Wrangham J Ratio: Wrangham J said: ‘As Salter J said in Beech’s case: ‘I think that, in order to constitute a will, the words used by the...
View ArticleIn Re K (Deceased): CA 1986
References: [1986] 1 Ch 180 Ratio: The wife who had been subjected to years of abuse shot her violent husband dead in the course of an argument, when a loaded shotgun she had picked up and pointed at...
View ArticleRe Neeld deceased, Carpenter v Inigo-Jones: CA 1962
References: [1962] Ch 643 Coram: Lord Evershed MR, Upton LJJ Ratio: The court considerd the interpretation of a Names and Arms clause in a will under which the testator directed that any person...
View ArticleADS v DSM: CoP 24 May 2017
References: [2017] EWCOP 8 Links: Bailii Coram: Charles J Ratio: Appeal against an order made by a Tier 2 Court of Protection Judge (the COP judge) authorising the execution of a will for JKS (P) who...
View ArticleConin; Re: 1977
References: [1977] 2 All ER 720, [1979] Ch 16 Coram: Walton J Ratio: Walton J expressed serious doubts about the extension of the rule in Strong v Bird to an administrator. The appointment of a donee...
View ArticleCheese v Lovejoy: 1877
References: [1877] 2 PD 251 Ratio: The court considered whether a will had been revoked in being destroyed. Held: ‘All the destroying in the world without intention will not revoke a will, nor all the...
View ArticleTurnbull’s Trustees v Lord Advocate: HL 29 Jan 1918
References: [1918] UKHL 3, 1918 1 SLT 112, 1918 SC (HL) 88 Links: Bailii Ratio: Last Update: 24 June 2017 Ref: 279676 The post Turnbull’s Trustees v Lord Advocate: HL 29 Jan 1918 appeared first on...
View ArticleRussell’s Executor v Balden: 1989
References: 1989 SLT 177 Ratio: Jurisdiction: Scotland This case is cited by: Cited – Guild v Inland Revenue Commissioners HL (Gazette 06-May-92, Bailii, [1990] UKHL 10, [1992] 2 AC 310, Bailii, [1992]...
View ArticleRe Price: ChD 2006
References: [2006] EWHC 2561 (Ch) Ratio: Statutes: Administration of Justice Act 1982 20 This case is cited by: Cited – Marley v Rawlings and Another ChD (Bailii, [2011] EWHC 161 (Ch), [2011] 1 WLR...
View ArticleIn Re Papillon (deceased): ChD 2006
References: [2006] EWHC 3419 (Ch), [2006] All ER (D) 297 Coram: Mr Guy Newey QC Ratio: Mr Guy Newey QC considered the presumption of due execution when propounding a will: ‘The burden of proving due...
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