Smith v Smith and Others: ChD 8 Jul 2011
References: [2011] EWHC 2133 (Ch) Links: Bailii Coram: Mann J Ratio: Statutes: Inhertiance (provision for Family and Dependants) Act 1975 Last Update: 12 May 2018 Ref: 443239 The post Smith v Smith and...
View ArticleCowderoy v Cranfield: ChD 13 Oct 2011
References: [2011] EWHC 2628 (Ch) Links: Bailii Coram: Morgan J Ratio: This case cites: Principal judgment – Cowderoy v Cranfield ChD (Bailii, [2011] EWHC 1616 (Ch)) The claimant challenged a will...
View ArticleRe Marsland: 1939
References: [1939] Ch 820 Ratio: The testator had made his will and contracted not to change it. Held: A contract not to revoke a will is subject to contingencies. Revocation by operation of law on...
View ArticleThorpe v Bestwick: 1881
References: (1881) 6 QBD 311 Ratio: The will left property to a female beneficiary. Later, but before the death of the testator, she married one of the witnesses. Held: Section 15 should be construed...
View ArticleBuchanan v Milton: 1999
References: [1999] 2 FLR 844, [2004] EWCA Crim 1275 Links: Bailii Coram: Hale J Ratio: Hale J said: ‘There is no right of ownership in a dead body. However, there is a duty at common law to arrange for...
View ArticleWright v Waters and Another: ChD 6 Nov 2014
wright_watersChD1411 References: [2014] EWHC 3614 (Ch) Links: Bailii Coram: Behrens HHJ Ratio: The claimant sought provision from her late mother’s estate under the 1975 Act, and asserting a...
View ArticleBaynes v Hedger and others: ChD 14 Jul 2008
References: [2008] EWHC 1587 (Ch) Links: Bailii Ratio: Statutes: Inheritance (Family and Dependants) Act 1975 Jurisdiction: England and Wales Last Update: 16-May-18 Ref: 270955 The post Baynes v Hedger...
View ArticleSprackling and others v Sprackling and Another: ChD 6 Nov 2008
References: [2008] EWHC 2696 (Ch) Links: Bailii Coram: Norris J Ratio: Family members argued that the will did not reflect the wishes of the deceased. The deceased had owned substantial and varied...
View ArticleKings Court Trust Ltd and Others v Lancashire Cleaning Services Ltd: ChD 12...
References: [2017] EWHC 1094 (Ch), [2017] WLR(D) 348, [2017] Bus LR 1255 Links: Bailii, WLRD Coram: Hodge QC HHJ Ratio: Jurisdiction: England and Wales Last Update: 16-May-18 Ref: 588004 The post Kings...
View ArticleWarner v Verfides: ChD 29 Oct 2008
References: [2008] EWHC 2609 (Ch) Links: Bailii, Times Coram: John Martin, QC Ratio: The deceased bankrupt’s Autralian trustees sought disclosure of documents recording his dealings in the UK. Third...
View ArticleRatcliff v Graves: 7 Nov 1683
References: [1683] EngR 71, (1683) 2 Chan Cas 152, (1683) 22 ER 890 (B) Links: Commonlii Ratio: An Executor lends and receives Interest, Jurisdiction: England and Wales Last Update: 17-May-18 Ref:...
View ArticleRe Ducksbury (deceased): 1996
References: [1966] 1 WLR 1226, [1966] 2 All ER 374 Coram: Buckley J Ratio: Buckley J said: ‘it is not for me to try to effect the sort of testamentary dispositions which I think that a testator should...
View ArticleHoare Trustees v Jaques and others: ChD 6 Feb 2008
References: [2008] EWHC 2022 (Ch) Links: Bailii Coram: Patten J Ratio: Request for pronouncement in solemn form of will. Jurisdiction: England and Wales Last Update: 18-May-18 Ref: 272880 The post...
View ArticleAldrich v Attorney-General: ChD 1968
References: [1968] P 281 Coram: Ormrod L Ratio: This case cites: Criticised – In the Estate of Wayland ([1951] 2 All ER 1041) Where a testator makes will in different jurisdictions, if each will deals...
View ArticleIn Re Abram: 1996
References: [1996] 2 FLR 379 Ratio: This case is cited by: Cited – Garland v Morris and Another ChD (Bailii, [2007] EWHC 2 (Ch)) The claimant sought additional provision from her father’s estate. She...
View ArticleVan Kwawagen v Royal National Lifeboat Institution and Another: ChD 9 Jun 2008
References: [2008] EWHC 2246 (Ch) Links: Bailii Coram: Sarah Asplin QC Ratio: The charities said that the deceased had left a will making gifts to them. The family said there was no will. A will had...
View ArticleSuggitt v Suggitt and Another: ChD 20 Apr 2011
References: [2011] EWHC 903 (Ch) Links: Bailii Coram: Roger Kaye QC J Ratio: Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Last Update: 23 May 2018 Ref: 434887 The post Suggitt v...
View ArticleUniversity Hospital Lewisham NHS Trust v Hamuth and others: ChD 23 Jan 2006
References: [2006] EWHC 1609 (Ch) Links: Bailii Coram: Hart J Ratio: The body of the deceased had been retained by the hospital pending resolution of legal proceedings relating to his death. Held: In...
View ArticleHerring and Another v Shorts Financial Services Llp: Misc 9 May 2016
References: [2016] EW Misc B12 (CC) Links: Bailii Coram: Behrens Ratio: (Leeds County Court) Last Update: 25 May 2018 Ref: 563284 The post Herring and Another v Shorts Financial Services Llp: Misc 9...
View ArticlePowell v Rawle: 1874
References: (1874) 18 Eq 243 Ratio: A legacy was given to the testator’s daughter on the ‘express condition that if the said bequest be not duly claimed by my said daughter within the space of three...
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