Re Colling Dec’d: 1972
References: [1972] 3 All ER 729 Ratio: For the valid execution of a will, the burden is on those propounding the will to establish on the balance of probabilities that the technical requirements of the...
View ArticleCharles Cajetan Count Leslie, Leopoldus Count Leslie, Eldest Son, Anthony...
References: (1763) 2 Paton 68, [1763] UKHL 2_Paton_68 Links: Bailii Ratio: Alien – Proof.- A person, a natural born subject of England, had issue born abroad before the 7 Anne (Naturalization act), out...
View ArticleNahajec v Fowle: Misc 18 Jul 2017
References: [2017] EW Misc 11 (CC) Links: Bailii Coram: Saffmaqnn HHJ Ratio: Leeds County Court Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Last...
View ArticleMilne v Milne; Travis v Milne: 29 May 1851
References: [1851] EngR 524, (1851) 9 Hare 141, [1851] 68 ER 449 Links: Commonlii Coram: Turner V-C Ratio: A suit by parties beneficially interested in the estate of a deceased partner could not be...
View ArticleA and Others v B and Others: ChD 25 Feb 2016
References: [2016] EWHC 340 (Ch) Links: Bailii Coram: Warren J Ratio: Statutes: Variation of Trusts Act 1958 Jurisdiction: England and Wales Last Update: 07 August 2017 Ref: 560269 The post A and...
View ArticleForester Maurice Labrouche v Frey and Others: ChD 18 Feb 2016
References: [2016] EWHC 268 (Ch) Links: Bailii Coram: Asplin DBE J Ratio: Jurisdiction: England and Wales Last Update: 07 August 2017 Ref: 560274 The post Forester Maurice Labrouche v Frey and Others:...
View ArticleWinkler and Another v Shamoon and Others: ChD 15 Feb 2016
References: [2016] EWHC 217 (Ch), [2016] WLR(D) 101 Links: Bailii, WLRD Coram: Henry Carr J Ratio: The claimants sought a declaration as against the residuary beneficiaries (wife and daughter) under...
View ArticleKebbeh v Farmer and Others: ChD 23 Dec 2015
References: [2015] EWHC 3827 (Ch) Links: Bailii Coram: Purle QC HHJ Ratio: Claim for family provision under the 1975 Act. Statutes: Inheritance (Provision for Family and Dependants Act) 1975...
View ArticleMarion Learmont v George Home: SCS 8 Jun 1561
References: [1561] Mor 3829 Links: Bailii Ratio: An executour may renunce the office of executrie in presence of ane Judge, except he, as executor, has intromitted with ony gudis or geir pertening to...
View ArticleRavenscroft v Jones: 1863
References: (1863) 32 Beav 669 Coram: Knight Bruce LJ, Turner LJ Ratio: A father by his will bequeathed andpound;700 to his then unmarried daughter. Later two inter vivos gifts were made; one, of...
View ArticleIn re Bourke’s Will Trusts: ChD 1980
References: [1980] 1 WLR 539 Coram: Slade J Ratio: The 1938 will of a testator was at issue. He died in 1943. The trusts included a life interest for the testator’s widow and, on her death without...
View ArticleRe Selby’s Will Trusts: ChD 1966
References: [1966] 1 WLR 43 Coram: Buckley J Ratio: Jurisdiction: England and Wales This case cites: Applied – Re Allen (dec’d) CA ([1953] Ch 810, [1953] 1 All ER 308) The testator had devised property...
View ArticleBall and Others v Ball and Others: ChD 2 Aug 2017
References: [2017] EWHC 1750 (Ch) Links: Bailii Coram: Paul Matthews HHJ Ratio: Challenge to will on the grounds of lack of testamentary capacity, and under the 1975 Act. Statutes: Inheritance...
View ArticleZeital and Another v Kaye and Others: CA 5 Mar 2010
References: [2010] EWCA Civ 159 Links: Bailii Coram: Dyson, Maurice Kay, Rimer LJJ Ratio: The deceased had held an apartment through beneficial interests in shares in a limited company. He died...
View ArticleMontefiore v Guedalla: 1859
References: (1859) 1 de GF & J 93 Coram: Turner LJ, Lord Campbell LC Ratio: Referring to the doctrine of ademption: (Turner LJ) ‘… the court will not impute to a parent the intention twice to...
View ArticleHall v Knight and Baxter: CA 1914
References: [1914] P 1 Coram: Cozens-Hardy MR, Hamilton LJ Ratio: A man named Julian Hall kept a woman named Jeannie Baxter and had made a will in her favour. They had had many quarrels. He had...
View ArticleHewson v Shelley: CA 1914
References: [1914] 2 Ch 13 Ratio: The commencement of a probate action does not of itself revoke the grant, and if the plaintiffs fail in the probate action, the grant will not be void ab initio....
View ArticleIn the Estate of Julian Bernard Hall deceased; In re RH: CA 1914
References: [1914] P 1 Coram: Lord Cozens-Hardy MR, Hamilton L Ratio: The rule against an offender benefitting from his crime applies not just in cases involving a conviction for murder. Held: The...
View ArticleBurns and Others v Burns: CA 28 Jan 2016
References: [2016] EWCA Civ 37 Links: Bailii Coram: Longmore, Treacy, McCombe LJJ Ratio: Challenge to will for purported lack of testmentary capacity. Jurisdiction: England and Wales Last Update: 15...
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...
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