Parfitt v Lawless; 1872
References: [1872] LR 2 P & D 462 Ratio: When a court considers the preparation and execution of a will, there can be no presumption of undue influence. This case is cited by: Cited – Gill v...
View ArticleGreaves v Stolkin; ChD 3 May 2013
References: [2013] EWHC 1140 (Ch) Links: Bailii Coram: Newey J Ratio: Challenge to admission of a codiciil to probate. Held: The challenge failed. Last Update: 04-Aug-16 Ref: 495191
View ArticleChannon and Another v Perkins (A Firm); CA 1 Dec 2005
References: [2006] WTLR 425, [2005] EWCA Civ 1808 Links: Bailii Coram: Arden LJ, Neuberger LJ, Mummery LJ Ratio: A will was challenged by the family. The witnesses had said that they did not remember...
View ArticleM’Caig v University of Glasgow; SCS 18 Dec 1906
References: [1906] ScotCS CSIH_2, 1907 SC 231, (1906) 14 SLT 600 Links: Bailii Coram: Lord Stormonth-Darling Ratio: The heir in heritage of the late Mr M’Caig of Oban seeks to establish her rights as...
View ArticleSingh and Others v Ahluwalia; CA 11 Dec 2012
References: [2012] EWCA Civ 1635 Links: Bailii Coram: Mummery LJ, Morgan J Ratio: The will on its face was validly executed but evidence had established that one witness had not been present. The judge...
View ArticleGriffiths v Griffiths; 1871
References: (1871) LR 2 P&D 300 Coram: Lord Penzance Ratio: The court considerd the requirements for the proper execution of a will: ‘The statute says that the witness shall attest, and shall...
View ArticleSmith & Smith v Smith; 1969
References: (1869) LR 1 P&D 143 Ratio: The witnesses did not see the attestation clause on a will and although they saw the testatrix write something on the document, they did not see what was...
View ArticleHudson v Parker; 1844
References: (1844) 1 Rob Ecc 14 Coram: Dr. Lushington Ratio: The court made observations on the meaning of the requirement in the Wills Act 1837 that the witness ‘shall attest and shall subscribe the...
View ArticleBarnsley and Others v Noble; CA 2 Aug 2016
References: [2016] EWCA Civ 799 Links: Bailii Coram: Sir Terence Etherton Ch, Patten, Sales LJJ Ratio: The court was asked as to the proper interpretation of an exoneration clause contained in a will...
View ArticleBryan v White; 1850
References: (1850) 2 Rob Ecc 315 Coram: Dr. Lushington Ratio: The court considered the proper execution of a will: ”Attest’ means the persons shall be present and see what passes, and shall, when...
View ArticleCleaver v Mutual Reserve Fund Life Association; CA 1892
References: [1892] 1 QB 147 Coram: Fry LJ Ratio: The deceased’s executors, objected to his widow maintaining action on a trust created by an insurance policy in her favour under the Act. She had been...
View ArticleIn re Coventry dec’d; ChD 2 Jan 1979
References: [1979] 2 All ER 408 Coram: Oliver J Ratio: The court set out the general approach to applications under the 1975 Act: ‘these matters have to be considered at two stages – first in...
View ArticleAnthony and Another v Donges and Others; ChD 22 Jul 1998
References: Times 22-Jul-1998, [1998] 2 FLR 775 Ratio: A clause in a testator’s will leaving to his widow ‘such minimal sum as she might be entitled to by way of maintenance under English Law’ was void...
View ArticleBirch v Treasury Solicitor; CA 1951
References: [1951] Ch 298 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 is alleged as a...
View ArticleBouette v Rose; CA 1 Feb 2000
References: Times 01-Feb-2000, Gazette 10-Feb-2000 Ratio: A mother who had given up work to stay at home and care for her daughter who had been awarded substantial damages for injury, was capable of...
View ArticleCrowden and Another v Aldridge and Others; ChD 17 Mar 1993
References: Gazette 17-Mar-1993 Ratio: A variation of a will was effective upon its communication to executors. Last Update: 25-Aug-16 Ref: 79682 The post Crowden and Another v Aldridge and Others; ChD...
View ArticleCouser v Couser; ChD 18 Mar 1996
References: Gazette 27-Mar-1996, Times 18-Mar-1996 Ratio: A witness to the execution of a will can acknowledge his own signature in the later presence of the second witness. Statutes: Wills Act 1837 9...
View ArticleCorbett v Newey and Others; CA 15 Feb 1996
References: Gazette 06-Mar-1996, Independent 07-Feb-1996, Times 05-Feb-1996 Ratio: A will, which had been executed but left undated, awaiting for a later condition to be fulfilled, at which time it was...
View ArticleEsterhuizen and Another v Allied Dunbar Assurance Plc; QBD 10 Jun 1998
References: Gazette 15-Jul-1998, Times 10-Jun-1998 Ratio: A non-professional will writing agency should be subject to the same standards of professional negligence in drawing up wills as a recognised...
View ArticleAhmed and Another v Ahmed; CA 12 May 2016
References: [2016] EWCA Civ 686 Links: Bailii Coram: Moore-Bick, Vos LJJ Ratio: Appeal against an order pronouncing against the force of validity of the alleged last will and testament of Mr Choudhry...
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