Hutchinson v Grant: CA 27 Jan 2016
References: [2016] EWCA Civ 218 Links: Bailii Coram: Longmore, Lewson, Kitchin LJJ Ratio: Dispute between brother and sister as to administration of their father’s estate. After settling it in part,...
View ArticlePerrins v Holland and Others; In re Perrins, deceased: CA 21 Jul 2010
References: [2010] EWCA Civ 840, [2010] WLR (D) 196, (2010) 13 ITELR 405, [2011] 2 WLR 1086 Links: Bailii, WLRD Coram: Moore-Bick LJ Ratio: The testator had given instructions for his will and received...
View ArticleRe Loxston, Abbot v Richardson: ChD 2006
References: [2006] WTLR 1567 Coram: Mr N Strauss QC Ratio: Mr N Strauss QC said: ‘The question is always whether the testator had the necessary capacity at the time the Will was executed, and that may...
View ArticleHawes v Burgess and Another: CA 19 Feb 2013
References: [2013] EWCA Civ 74 Links: Bailii Coram: Mummery, Patten LJJ, Sir Scott Baker Ratio: The appellant challenged pronouncement against the validity of wills on the ground of lack of...
View ArticleSimon v Byford and Others: CA 13 Mar 2014
References: [2014] EWCA Civ 280 Links: Bailii Coram: Sullivan, McFarlane, Lewison LJJ Ratio: The court was asked whether the testatrix (a) had testamentary capacity and (b) knew and approved the...
View ArticleKousouros v O’Halloran and Another: ChD 10 Jul 2014
References: [2014] EWHC 2294 (Ch) Links: Bailii Coram: Simon J Ratio: The claimant appealed against a decision on disclosure of documents in the context of their claims as to the contents of their late...
View ArticleSatterthwaite, Re: CA 26 Jan 1966
References: [1966] EWCA Civ 3, [1966] 1 WLR 277, [1966] 1 All ER 919 Links: Bailii Coram: Harman, Diplock, Russell LJJ Ratio: The testatrix, a wealthy widow had left nearly all her fortune to animal...
View ArticleHolder v Holder; In re Frank Holder dec: CA 8 Dec 1967
References: [1967] EWCA Civ 2, [1968] Ch 353, [1968] 1 All ER 665, [1968] 2 WLR 237 Links: Bailii Coram: Harman LJ, Danckwerts LJ, Sachs LJ Ratio: The court considered a complaint that a trustee had...
View ArticleLloyd v Jones and Others: ChD 2 Jun 2016
References: [2016] EWHC 1308 (Ch) Links: Bailii Coram: Cooke HHJ Ratio: Challenge to validity of will, on grounds of lack of capacity and want of knowledge and approval of its terms. Jurisdiction:...
View ArticlePerrin v Morgan: PC 25 Jan 1943
References: [1943] UKHL 3, [1943] AC 399, [1943] 1 All ER 187 Links: Bailii Coram: Lord Atkin , Lord Thankerton , Lord Russell Of Killowen, And Lord Romer Ratio: The Board was asked ‘whether, when the...
View ArticleWaterer v Waterer: 1873
References: [1873] LR 15 Eq 402 Ratio: This case is cited by: Cited – Mary Ann Robinson v Edward Reeve ChD (Bailii, [2002] EWHC 1179 (Ch)) The parties were brother and sister, owning and renting...
View ArticleKey and Another v Key and Others: ChD 5 Mar 2010
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 years old, and...
View ArticlePerrins v Holland and Others; In re Perrins, deceased: CA 21 Jul 2010
References: [2010] EWCA Civ 840, [2010] WLR (D) 196, (2010) 13 ITELR 405, [2011] 2 WLR 1086 Links: Bailii, WLRD Coram: Moore-Bick LJ Ratio: The testator had given instructions for his will and received...
View ArticleCherry v Boultbee: HL 22 Nov 1839
References: (1839) My Cr 442, [1839] EngR 1099, (1839) 4 My & Cr 442, (1839) 41 ER 171 Links: Commonlii Coram: Cottenham LC Ratio: B died having made a will leaving a fund to pay income to A who...
View ArticlePla and Puncernau v Andorra: ECHR 13 Jul 2004
References: 69498/01, [2004] ECHR 334, (2006) 42 EHRR 25, [2004] 2 FCR 630 Links: Worldlii, Bailii Ratio: A will made by a widow in 1939, left certain property to her son Francesc-Xavier, as tenant for...
View ArticleBarry v Butlin: 22 Jun 1836
References: [1836] UKPC 9, [1838] 2 Moo PCC 480 Links: Bailii Ratio: The hearing of a cause in the Prerogative Court is one continuous act, and after a cause has been set down for sentence on the...
View ArticleBroughton v Knight: 1873
References: (1873) 3 P & D 64 Coram: Sir J Hannen Ratio: Sir J Hannen said that a testator ‘may disinherit his children, leave his property to strangers to gratify his spite, or to charities to...
View ArticleDundee General Hospital Board of Management v Bell’s Trustees: HL 26 Mar 1952
References: [1952] 1 All ER 896, [1952] UKHL 3 Links: Bailii Coram: Lord Normand Ratio: The willl left a gift subject to the sole discretion of the trustees as to the ownership of the Hospital. Held: A...
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 ArticleIn re Simpson Deceased; Schaniel and Another v Simpson and Others: ChD 1977
References: (1977) NLJ 487, (1997) SJ 121 224 Coram: Templeman J Ratio: Templeman J reminded solicitors of their duty to ensure the satisfactory execution of a will: ‘In the case of an aged testator or...
View Article