Archive for the 'wills' Category

Will ruling opens way for family claims – Law Society’s Gazette

“Family members who are snubbed in a relative’s will in favour of charities could find it easier to lay claim to the estate following a recent judgment.”

Full story

Law Society’s Gazette, 6th May 2011


Beware of cut-price offers when you come to making your will – The Guardian

“We are told that writing a will is vital to secure the future of our loved ones. But many who set out with all the best of intentions, find that what should be a simple act is frustrated by ‘glaring errors’, pressure-selling, and over-inflated fees, according to the Law Society.”

Full story

The Guardian, 17th April 2011


Ilott v Mitson and others – WLR Daily

Ilott v Mitson and others [2011] EWCA Civ 346; [2011] WLR (D) 119

“Where an adult child sought to claim against the estate of a deceased parent under the Inheritance (Provision for Family and Dependants) Act 1975, the first stage was a value judgment as to whether or not the deceased’s dispositions made reasonable financial provision for the claimant. There was no obligation to balance the section 3 factors at that stage nor to explain why the combination of those factors led to a conclusion that no provision was unreasonable; what mattered was that the decision, taken as a whole, explained the conclusion reached.”

WLR Daily, 31st March 2011


Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Daughter cut out of mother’s will for naming her child badly – Daily Telegraph

“Melita Jackson, who died in 2004 at the age of 70, left her estate of £486,000 to animal charities, making no provision for Heather Ilott, her only child. Three of the country’s most senior judges said Mrs Ilott, 50, should receive a share of the will, in a decision which could lead to more people challenging relatives’ bequests.”

Full story

Daily Telegraph, 1st April 2011


Gill v Woodall and others – WLR Daily

Gill v Woodall and others [2010] EWCA Civ 1430; [2011] WLR (D) 328

“To determine whether a testatrix knew and approved the contents of her will the proper approach was to consider the factual and expert evidence and to ask whether the testatrix appreciated what was in the will when she signed it. It was not necessary to break down the issue into two separate questions of whether a prima facie case had been made out that the testatrix had not known or approved of the contents of her will and then whether the beneficiary had rebutted that case.”

WLR Daily, 15th December 2010


Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

RSPCA loses court appeal against £2.35m will ruling – The Guardian

“The RSPCA has lost a court of appeal challenge against a ruling that overturned a will leaving them a £2.35m farmhouse and land in Northallerton, North Yorkshire.”

Full story

The Guardian, 30th November 2010


RSPCA challenges decision to overturn will – The Guardian

“The RSPCA today launched a high court challenge to a ruling that overturned a will leaving the charity a £2.35m estate after a daughter contested her parents’ legacy.”

Full story

The Guardian, 29th November 2010


April 2020