Re Vautier: 2000
References: 2000 JLR 351 Ratio: (Royal Court of Jersey) The court considered a request for the rectification of a will: ‘To summarize, the common law of England recognized a power in the court to...
View ArticleRe Hammersley: 1965
References: [1965] Ch 481 Ratio: A court will not speculate as to a testator’s intentions if they cannot be ascertained. Jurisdiction: England and Wales This case is cited by: Cited – Dutton and Dutton...
View ArticleRe Beech: 1923
References: [1923] P 46 Coram: Salter J Ratio: Provided the words of a will have been read and accepted by a testator, they take effect even if the legal effect was not understood: ‘The contention is...
View ArticleSaunders v Vautier: 5 Jun 1841
References: , [1841] EngR 765, (1841) Cr & Ph 240, (1841) 41 ER 482 Links: Commonlii Ratio: This case cites: See Also – Saunders v Vautier ((1841) 4 Beav 115 affd Cr & Ph 240, Bailii, [1841]...
View ArticleAl Abood v Tayeb: ChD 27 Jul 2005
References: [2005] EWHC 1687 (Ch) Links: Bailii Coram: Lightman J Ratio: The claimant sought an order in the administration of her late husband’s estate. The deceased had been an Iraqi with substantial...
View ArticleRe D: CoP 1 Jul 2016
References: [2016] EWCOP 35 Links: Bailii Coram: Lush SJ Ratio: Appeal against an order allowing an applicant for an order authorising her to execute a statutory will to be released from the obligation...
View ArticleScott and others v Honeyman-Scott: CA 17 Dec 2001
References: [2001] EWCA Civ 2087 Links: Bailii Ratio: Renewed application for permission to appeal against an order in so far as that order provided that the administrator of the estate of the late...
View ArticleIn re Groos Estate: 1904
References: [1904] P 269 Ratio: Statutes: Wills Act 1861 3 This case is cited by: Cited – L, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another CA (Bailii, [2007]...
View ArticleKing v Dubrey and Others: ChD 1 Jul 2014
References: [2014] EWHC 2083 (Ch) Links: Bailii Coram: Charles Hollander QC Ratio: The claimant said that before her death, the now deceased testator had handed the deeds of the house to him saying...
View ArticleWalford and Another v Walford: HL 21 Jun 1912
References: [1912] UKHL 602, 50 SLR 602 Links: Bailii Coram: The Lord Chancellor (Viscount Haldane), the Earl of Halsbury, Lords Ashbourne, Macnaghten, and Atkinson Ratio: Where a testator had directed...
View ArticleRiley v Seed and Another: ChD 11 Jun 2013
References: [2013] EWHC 4863 (Ch) Links: Bailii Coram: Hodge QC HHJ Ratio: Jurisdiction: England and Wales Last Update: 12 July 2018 Ref: 569401 The post Riley v Seed and Another: ChD 11 Jun 2013...
View ArticleAnstey v Mundle and Another: ChD 25 Feb 2016
References: [2016] EWHC 1073 (Ch), [2016] WTLR 931, [2016] Inquest LR 47 Links: Bailii Ratio: Family dispute as to burial arrangements for deceased father Jurisdiction: England and Wales Last Update:...
View ArticleVaughan v Mark of Headfort: 1840
References: (1840) 10 SIM 639 Coram: Shadwell VC Ratio: Eccentricity or irrationality are not enough to deprive someone of the freedom ot capacity to make a valid will. ‘Every testator is free to adopt...
View ArticleBirch v Treasury Solicitor: CA 1950
References: [1951] Ch 298, 1950] 2 All ER 1198 Coram: Lord Evershed MR Ratio: Lord Evershed MR stated: ‘the courts will examine any case of alleged donatio mortis causa and reject it if in truth what...
View ArticleKing v The Chiltern Dog Rescue and Another: CA 9 Jun 2015
References: [2015] WLR(D) 245, [2015] EWCA Civ 581 Links: Bailii, WLRD Coram: Jackson, Patten, Sales LJJ Ratio: This is an appeal by charities who are entitled to inherit under a will against a...
View ArticleD’Abo v Paget and Others (No 2): ChD 10 Aug 2000
References: Gazette 05-Oct-2000, Times 10-Aug-2000 Ratio: Where a beneficiary having brought successful action against the trust fund, the rule in In re Buckton should still apply, but where the...
View ArticleWatson, Rudolph, Hosp v Perotti, Abbate: CA 17 Jan 1997
References: [1997] EWCA Civ 804 Links: Bailii Ratio: The defendant appealed an order for an inquiry as to the costs of the defendants acting in the administration of an estate. This case cites: See...
View ArticleRe Cutliffe’s Estate: CA 1959
References: [1959] P 6 Coram: Morris LJ, Hodson LJ Ratio: In attacking the will, the unsuccessful defendants had pleaded undue influence as well as lack of due execution and want of knowledge and...
View ArticleJoshi and Others v Mahida: ChD 8 Mar 2013
References: [2013] EWHC 486 (Ch) Links: Bailii Coram: Jonathan Gaunt QC Ratio: Application for rectification of a will. Statutes: Administration of Justice Act 1982 20(1)(a) Last Update: 17 July 2018...
View ArticleAnderson and Others (Binnie’s Trustees) v Prendergast and Others: HL 7 Dec 1910
References: [1910] UKHL 251 Links: Bailii Ratio: This case cites: Appeal from – Anderson and Others (Binnie’s Trustees) v Prendergast and Others SCS (Bailii, [1910] SLR 271) Succession – Division per...
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