Upton v National Westminster Bank Plc and others: CA 14 Nov 2005
References: [2005] EWCA Civ 1479 Links: Bailii Ratio: The claimant said that he had been disinherited from his grandfather’s will being illegitimate. Jurisdiction: England and Wales This case is cited...
View ArticleFielden, Graham (Executors of Cunliffe deceased) v Cunliffe: CA 6 Dec 2005
References: [2005] EWCA Civ 1508, [2006] Ch 361, (2005-06) 8 ITELR 855, [2006] 1 FLR 745, [2006] Fam Law 263, [2006] 2 All ER 115, [2005] 2 WLR 481, [2005] 3 FCR 593, [2006] WTLR 29 Links: Bailii...
View ArticleBarraclough v Mell and others: ChD 1 Dec 2005
References: [2005] EWHC B17 (Ch) Links: Bailii Ratio: Moneys due under a will had been misdistributed. The correct beneficiary sought repayment. The executor sought to rely upon a trustee exemption...
View ArticleGreen and others v Gaul and others: CA 28 Jul 2006
References: [2006] EWCA Civ 1124, Times 01-Sep-2006, [2007] 1 WLR 591 Links: Bailii Coram: Chadwick, Thomas, Lloyd LJJ Ratio: The court considered the validity and effect of a compromise agreement...
View ArticleWitkowska v Kaminski: ChD 25 Jul 2006
References: [2006] EWHC 1940 (Ch) Links: Bailii Ratio: The claimant sought provision from the estate claiming to have lived with the deceased as his partner for the two years preceding his death. She...
View ArticleRe Endacott: CA 12 Oct 1959
References: [1960] Ch 232, [1959] EWCA Civ 5, [1959] 3 All ER 562, [1959] 3 WLR 799 Links: Bailii Coram: Lord Evershed MR, Sellers, Harman LJJ Ratio: The will had left the residue to a parish council...
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 ArticleFletcher v Fletcher: ChD 25 Jul 1844
References: [1844] EWHC Ch J69, (1844) 4 Hare 67, 67 ER 564 Links: Bailii Ratio: The son of the deceased sought payment under a deed executed by the testator but not disclosed to his trustees who now...
View ArticleBurrough v Philcox: ChD 25 Nov 1840
References: [1840] EWHC Ch J62, (1840) 5 My and Cr 72, 41 ER 299 Links: Bailii Ratio: Jurisdiction: England and Wales Last Update: 05 December 2018 Ref: 245420 The post Burrough v Philcox: ChD 25 Nov...
View ArticleClarke v Brothwood and others; In re Clarke: ChD 16 Nov 2006
References: [2006] EWHC 2939 (Ch) Links: Bailii Coram: Behrens J Ratio: The claimant sought rectification of a will. The respondents argued that any mistake was not a clerical one so as to bring it...
View ArticleHealey v Brown: ChD 25 Apr 2002
References: [2002] 19 EG 147, [2002] EWHC Ch 1405, (2002) 19 EG 147 Links: Bailii Coram: David Donaldson QC HHJ Ratio: The two deceased had made mutual wills bequeathing the family home. The survivor...
View ArticleLetterstedt v Broers: PC 22 Mar 1884
References: [1884] UKPC 1, (1884) 9 App Cas 371, [1884] UKPC 18 Links: Bailii, Bailii Coram: Lord Blackburn Ratio: (Supreme Court of the Cape of Good Hope) Lack of harmony may be of itself a good...
View ArticleSherrington and Another v Sherrington: CA 29 Dec 2006
References: [2006] EWCA Civ 1784 Links: Bailii Coram: Waller LJ VP, Rix LJ, Moore-Bick LJ Ratio: The deceased had after remarriage made a will which excluded from benefit entirely his first wife and...
View ArticleWordie’s Trustees v Wordie: HL 28 Feb 1916
References: [1916] UKHL 291, 53 SLR 291 Links: Bailii Coram: Lord Chancellor (Buckmaster), Lord Kinnear, Lord Atkinson, and Lord Shaw Ratio: Held that a direction to trustees, duly appointed, ‘to pay...
View ArticleGibbs v Harding and others: ChD 12 Jan 2007
References: [2007] EWHC 3 (Ch) Links: Bailii Coram: Lewison J Ratio: The testatrix left a will anticipating making another. The court was asked whether a clause leaving her estate to ‘be taken over by...
View ArticleBlackwell v Blackwell: HL 24 Jan 1929
References: [1929] UKHL 1, [1929] AC 328 Links: Bailii Ratio: The House was asked to what extent is it possible to give effect to testamentary intentions that are at variance with the provisions first...
View ArticleArcher Shee v Garland: HL 15 Dec 1930
References: 15 TC 693, [1930] UKHL 2, [1931] AC 212 Links: Bailii, Bailii Coram: Lord Buckmaster, Viscount Dunedin, Lord Warrington of Clyffe, Lord Tomlin, Lord Thankerton Ratio: The parties disputed...
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...
View ArticleDundee Hospitals Board v Walker: HL 26 Mar 1952
References: [1952] UKHL 1, 1952 SLT 270, [1952] 1 All ER 896 Links: Bailii Coram: Lord Normand, Lord Morton of Henryton, Lord Reid, Lord Tucker, Lord Cohen Ratio: Jurisdiction: Scotland Last Update: 06...
View ArticleEdwards v Edwards and others: ChD 3 May 2007
References: [2007] EWHC B4 (Ch), [2007] WTLR 1387 Links: Bailii Coram: Lewison J Ratio: Family members challenged the will saying that one son had exercised undue influence over the testatrix. Held:...
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