Stead v Stead: 1985
References: [1985] FLR 16 Ratio: The court declined to award a widow a large capital sum from her husband’s estate. Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction:...
View ArticleRe Leach, Leach v Lindeman: CA 1985
References: [1986] Ch 226, [1985] 2 All ER 754 Ratio: An adult may be a person who has been ‘treated by the deceased as a child of the family’ within the Act. Statutes: Inheritance (provision for...
View ArticleIn Re Sabatini: 1969
References: [1969] 114 SJ 35 Ratio: The test for capacity to revoke a will is the same as the test for making one. Jurisdiction: England and Wales Last Update: 21 June 2019 Ref: 424273 The post In Re...
View ArticleBarrett v Bem and Others: ChD 19 May 2011
References: [2011] EWHC 1247 (Ch), [2011] 3 WLR 1193, n] [Help] Links: Bailii Coram: Vos J Ratio: The court retried an action disputing the validity of the will, new evidence having emerged post trial....
View ArticleAusten v Collins: 1886
References: (1886) LT 903 Coram: Chitty J Ratio: A condition in a will that a beneficary ‘take steps’ means that the heir must make every endeavour. Jurisdiction: England and Wales This case is cited...
View ArticleKenwood v Adams: 1975
References: [1975] CLY 3591 Coram: Templeman J Ratio: Templeman J set down the ‘golden rule’ that a lawyer should ensure that in the case of any doubt, a will should be witnessed or approved by a...
View ArticleGoodchild v Goodchild: ChD 13 Dec 1995
References: Times 22-Dec-1995, Ind Summary 08-Jan-1996, [1996] 1 WLR 694 Coram: Carnwath J Ratio: The husband and wife had made mirror wills. They divorced, and the husband made a new will. After his...
View ArticleVynior’s Case: 1609
References: [1609] 8 Co Rep 81b Links: Ratio: A declaration by his testator that his will will be irrevocable is ineffective. Jurisdiction: England and Wales Last Update: 23 June 2019 Ref: 424278 The...
View ArticleWylde v Culver: ChD 12 Apr 2006
References: [2006] EWHC 923 (Ch), [2006] 1 WLR 2674, [2006] 4 All ER 345 Links: Bailii Coram: George Bompas QC Ratio: The claimant sought to discontinue his probate action on the day of trial, and an...
View ArticleJames and Another v Allen and others: ChD 30 Jun 1817
References: [1817] EWHC Ch J10 Links: Bailii Ratio: The testator left a bequest in trust for such ‘benevolent purposes’ as the trustees might unanimously agree upon. Held: The word ‘benevolent’ when...
View ArticleDundee General Hospital Board of Management v Bell’s Trustees: HL 26 Mar 1952
References: [1952] 1 All ER 896, [1952] UKHL 3 Links: Bailii Coram: Lord Normand Ratio: The willl left a gift subject to the sole discretion of the trustees as to the ownership of the Hospital. Held: A...
View ArticleWilliams v Johns: 1988
References: [1988] 2 FLR 475 Ratio: Jurisdiction: England and Wales This case is cited by: Cited – Garland v Morris and Another ChD (Bailii, [2007] EWHC 2 (Ch)) The claimant sought additional provision...
View ArticleBrunt v Brunt: 1873
References: [1873] 3 PandD 37 Ratio: The testator had purported to revoke his will, but was, at the time, very ill. Held: At the time of the purported revocation, he had insufficient capacity for the...
View ArticleDingmar v Dingmar: CA 12 Jul 2006
References: [2006] EWCA Civ 942, [2006] 3 WLR 1183, [2007] Ch 109, [2007] 2 All ER 382 Links: Bailii Coram: Ward, Jacob, Lloyd LJJ Ratio: A house was held upon joint tenancy between the deceased and...
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 ArticleLansforsakringar Bank Ab v Wood and others: QBD 17 Jul 2007
References: [2007] EWHC 2419 (QB) Links: Bailii Coram: Patten J Ratio: Application for order of third party debt order in proceedings in the 1975 Act. Statutes: Inheritance (Provision for Family and...
View ArticleConnolly v Landy and Others: ChD 10 Jun 2019
References: [2019] EWHC 1457 (Ch) Links: Bailii Coram: Roth J Ratio: six applications for permission to appeal Jurisdiction: England and Wales Last Update: 29 June 2019 Ref: 638269 The post Connolly v...
View ArticleGold v Curtis: 2005
References: [2005] WTLR 673 Ratio: Jurisdiction: England and Wales This case is cited by: Cited – Garland v Morris and Another ChD (Bailii, [2007] EWHC 2 (Ch)) The claimant sought additional provision...
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...
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