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

Source: www.lawgazette.co.uk

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

Source: www.guardian.co.uk

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

Source: www.iclr.co.uk

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

Source: www.telegraph.co.uk

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

Source: www.lawreports.co.uk

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

Source: www.guardian.co.uk

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

Source: www.guardian.co.uk

Battle over will of ‘delusional’ millionaire who thought he was son of last Russian Tsarevich – Daily Telegraph

“A lengthy legal battle over the fortune of a ‘delusional’ multi-millionaire who believed he was the son of the last Tsarevich of Imperial Russia was finally settled by the High Court yesterday.”

Full story

Daily Telegraph, 23rd November 2010

Source: www.telegraph.co.uk

Father fights son over wife’s £5m divorce settlement – Daily Telegraph

“A father has gone to court claiming he deserves a greater share of his son’s £5 million inheritance left to him by his mother.”

Full story

Daily Telegraph, 12th November 2010

Source: www.telegraph.co.uk

The Battle for Trevalga: residents win partial victory in fight to stop public school selling hamlet – Daily Telegraph

“A tiny Cornish community has won a partial victory in its fight against a leading public school.”

Full story

Daily Telegraph, 12th September 2010

Source: www.telegraph.co.uk

In re Perrins, deceased; Perrins v Holland and others – WLR Daily

In re Perrins, deceased; Perrins v Holland and others [2010] EWCA Civ 840; [2010] WLR (D) 196

“In a case where a testator had testamentary capacity when he gave instructions for his will, the will as drafted embodied those instructions and when the testator executed his will a year later his testamentary wishes remained unchanged although he was no longer of full testamentary capacity, the principle in Parker v Felgate (1883) LR 8 PD 171, namely that it was not necessary to prove knowledge and approval of a will provided that (a) the testator believed that it gave effect to his instructions and (b) that it did in fact do so, applied.”

WLR Daily, 22nd July 2010

Source: www.lawreports.co.uk

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

Judges keen to make wills in favour of ‘Johnny-come-lately’ relatives – Daily Telegraph

“Judges are too quick to make wills for mentally ill or elderly people in favour of ‘Johnny-come-lately’ relatives, according to a legal expert.”

Full story

Daily Telegraph, 10th June 2010

Source: www.telegraph.co.uk

Roberts v Gill & Co – WLR Daily

Roberts v Gill & Co [2010] UKSC 22; [2010] WLR (D) 130

“A beneficiary under a will who had commenced proceedings against solicitors he alleged had acted negligently in connection with the estate could not, after the relevant limitation period had expired, amend his claim so as to also claim on behalf of the estate by way of a derivative action.”

WLR Daily, 21st May 2010

Source: www.lawreports.co.uk

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

Key and another v Key and others – WLR Daily

Key and another v Key and others [2010] EWHC 408 (Ch); [2010] WLR (D) 69

 “Although affective disorder such as depression, including that caused by bereavement, was more likely to affect powers of decision-making than comprehension, the effect of bereavement on a testator’s mind was a factor to be taken into account when deciding whether he had capacity to make a will and was capable of impairing testamentary capacity.”

WLR Daily, 9th March 2010

Source: www.lawreports.co.uk

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

RSPCA appeal against Northallerton will judgement – BBC News

“The RSPCA has started an appeal five months after losing a court battle over a £2m estate left to it in a will.”

Full story

BBC News, 6th March 2010

Source: http://www.bbc.co.uk

Brothers win £600,000 will battle – BBC News

“Two brothers will inherit their father’s Norfolk farm following a High Court dispute that has left the family riven by ‘suspicion and distrust.’ ”

Full story

BBC News, 5th March 2010

Source: www.bbc.co.uk

Bee and another v Thompson – WLR Daily

Bee and another v Thompson [2009] EWCA Civ 1212; [2009] WLR (D) 345

“Where a bequest of land in adjacent parcels to different beneficiaries expressly provided that the owner of one parcel should enjoy a right of way over a track running over the other, but the vesting consents which conveyed the land to the beneficiaries did not grant such an easement, the will and the assents were to be construed together as a single transaction so as to give full effect to the testatrix’s intention. However such a right of way ‘at all times and for all purposes connected with’ the dominant tenement did not entitle the owner of that land to increase the user of the right of way from that associated with the agricultural purposes for which it had been used when the right of way had been granted to that associated with three houses.”

WLR Daily, 30th November 2009

Source: www.lawreprots.co.uk

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

Woman wins RSPCA will challenge – BBC News

“A woman who contested her parents’ will after they left their £2.34m estate in North Yorkshire to the RSPCA has won her legal battle.”

Full story

BBC News, 9th October 2009

Source: www.bbc.co.uk

Bishops: legal rules could prevent repeat of Kerrie Wooltorton ‘living will’ suicide – Daily Telegraph

“Doctors who allow suicidal patients to die because they have written a ‘living will’ could be breaking Government guidelines, Roman Catholic bishops claim.”

Full story

Daily Telegraph, 6th October 2009

Source: www.telegraph.co.uk

Living wills law could be ‘revisited’ after Kerrie Wooltorton suicide case – Andy Burnham – Daily Telegraph

“The law on ‘living wills’ could be reviewed after a young woman used one to commit suicide, Andy Burnham, the Health Secretary, has said.”

Full story

Daily Telegraph, 4th October 2009

Source: www.telegraph.co.uk

Disinherited family win High Court battle for thousands – The Times

“The family of a wealthy philanthropist have won a High Court battle to reclaim their inheritance after she left her estate to a man she might never have known.”

Full story

The Times, 1st August 2009

Source: www.timesonline.co.uk

In re P [2009] – WLR Daily

In re P [2009] EWHC 163 (Ch); [2009] WLR (D) 41

“When making decisions about the property and welfare of persons lacking capacity, the overarching principle pursuant to the Mental Capacity Act 2005 was that any decision made on behalf of that person must be made in his best interests. The guidance given under the Mental Health Acts 1959 and 1983 about the making of settlements or wills could no longer be directly applied to a decision made under the 2005 Act.”

WLR Daily, 10th February 2009

Source: www.lawreports.co.uk

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

Battle of wills: why more of us are going to court – The Times

“Battles over wills are some of the most bitterly fought of courtroom contests – and they are on the rise. The number of High Court cases involving wills and inheritance rose by 175 per cent – from 83 in 2006 to 228 in 2007, according to the latest figures.”

Full story

The Times, 2nd February 2009

Source: www.timesonline.co.uk

Judges to review the secrecy of royal wills – The Times

“The Royal Family’s 100-year-old convention that their wills may be kept secret is to be reexamined by senior judges..”

Full story

The Times, 24th January 2009

Source: www.timesonline.co.uk

In re Hemming (deceased); Raymond Saul & Co (a Firm) v Holden and Another – Times Law Reports

In re Hemming (deceased); Raymond Saul & Co (a Firm) v Holden and Another

Chancery Division

“Where a sole residuary legatee under a will became bankrupt but was automatically discharged from bankruptcy before the completion of the administration of the estate of the testator, the money and assets which were thereafter ascertained to form the net residuary estate were payable to his trustee in bankruptcy.”

The Times, 9th December 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

In re Hemming, decd; Raymond Saul & Co (a firm) v Holden and another – WLR Daily

In re Hemming, decd; Raymond Saul & Co (a firm) v Holden and another [2008] EWHC 2731 (Ch); [2008] WLR (D) 354

“Where a sole residuary legatee under a will became bankrupt but was automatically discharged from bankruptcy before the completion of the administration of the estate of the testator, the money and assets which were thereafter ascertained to form the net residuary estate were payable to his trustee in bankruptcy.”

WLR Daily, 13th November 2008

Source: www.lawreports.co.uk

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

Pensioner who left £2.34 million estate to RSPCA ‘had psychiatric problems’ – Daily Telegraph

“An elderly woman who bequeathed her £2.34 million estate to the RSPCA had psychiatric problems at the time, the High Court heard.”

Full story

Daily Telegraph, 11November 2008

Source: www.telegraph.co.uk

Legal battle over hotelier’s £14m will: Children to find out how estate will be split – Daily Telegraph

“A High Court judge will rule on case that has set three siblings against each other since the death of their father Douglas Firkin-Flood in 200.”

Full story

Daily Telegraph, 17th October 2008

Source: www.telegraph.co.uk

Family in court battle over £14 million will – Daily Telegraph

“The heir to a £14 million hotel business is fighting a bitter court battle with his brother and sister who have accused him of breaking a promise to give them equal shares of the family fortune.”

Full story

Daily Telegraph, 24th September 2008

Source: www.telegraph.co.uk

Actor loses court battle over £2.3m estate of mother’s lesbian lover – The Guardian

“An actor today lost a high court challenge over the £2.3m estate of a distinguished sculptor who had a 50-year lesbian relationship with her mother.”

Full story

The Guardian, 14th July 2008

Source: www.guardian.co.uk

Thorner v Major and others – WLR Daily

Thorner v Major and others [2008] EWCA Civ 232; [2008] WLR (D) 222

“A dedicated help and service in reliance upon a statement did not bind his estate by conscience to create a proprietary estoppel to confer the farm to the claimant even if the deceased had given the farm to the claimant by a will which he subsequently revoked to deny an interest to a third person.”

WLR Daily, 3rd July 2008

Source: www.lawreports.co.uk

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

Farmer who worked for free stripped of £2m estate – Daily Telegraph

“A farmer who worked on a relative’s land unpaid for 30 years in the expectation he would one day inherit the £2.1 million estate has had the property taken away from him by appeal judges.”

Full story

Daily Telegraph, 2nd July 2008

Source: www.telegraph.co.uk

Ken Russell’s former wife contests will of mother’s lesbian lover – The Independent

“The case of the sculptress, her £2.3m estate, an elderly lesbian with Alzheimer’s disease and her severely indebted actress daughter reached London’s High Court yesterday.”

Full story

The Independent, 26th June 2008

Source: www.independent.co.uk

Mark Birley’s family in High Court showdown – Daily Telegraph

“The children of Mark Birley, the late founder of Annabel’s nightclub, are to do battle in the High Court over his £104 million will.”

Full story

Daily Telegraph, 20th May 2008

Source: www.telegraph.co.uk

Battle for disturbed tycoon’s £10m leaves Tories with huge legal bill – The Times

“The Tories are facing a £700,000 legal bill for trying to hold on to a £10 million bequest from a mentally unfit tycoon who believed Margaret Thatcher could save the world from Satan.”

Full story

The Times, 6th March 2008

Source: www.timesonline.co.uk

Brown v Executors of the Estate of Queen Elizabeth the Queen Mother and Others – Times Law Reports

Brown v Executors of the Estate of Queen Elizabeth the Queen Mother and Others

Court of Appeal

“A person who held an irrational and scandalous belief that he was the son of the late Princess Margaret was nevertheless entitled to have a substantive hearing of his claim to inspect the wills of the princess and the Queen Mother.”

The Times, 19th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother and others – WLR Daily

Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother and others [2008] EWCA Civ 56; [2008] WLR (D) 41

“The process by which a judge had ordered that the wills of two deceased members of the royal family should not be open to public inspection was not transparent, nor were the criteria applied plain, and, therefore, a person who had applied to inspect the wills was entitled to have a substantive hearing of his application, even though it was motivated by an irrational and scandalous belief.”

WLR Daily, 11th February 2008

Source: www.lawreports.co.uk

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

Accountant gets to argue case on unsealing Queen Mother’s will – The Times

“An accountant who claims he may be the illegitimate son of the late Princess Margaret has won the right to a full court hearing on whether he should be allowed to view her will and that of the late Queen Elizabeth the Queen Mother.”

Full story

The Times, 8th February 2008

Source: www.timesonline.co.uk

More families take inheritance battles to court – Daily Telegraph

“Families are increasingly using the courts to dispute relatives’ wills, as the size of inheritances increases, legal experts have said.”

Full story

Daily Telegraph, 2nd January 2008

Source: www.telegraph.co.uk

Sweet and sour emotions as Chinese restaurant couple win £10m legacy – The Times

“The final will of a widow who left £10 million to the owners of a Chinese restaurant was upheld by the High Court yesterday, despite claims by her family that she did not know what she was doing.”

Full story

The Times, 8th December 2007

Source: www.timesonline.co.uk

Will gift of £10m ‘extraordinary’ – BBC News

“The will of an 89-year-old woman who left £10m to an Essex restaurateur has been described as ‘extraordinary’ and ‘troubling’ by a High Court judge.”

Full story

BBC News, 4th December 2007

Source: www.bbc.co.uk

Challenge over widow’s £10m bequest – Daily Telegraph

“A wealthy widow left her £10 million fortune to the owners of a Chinese restaurant after cutting her relatives out of her will, a court has heard. ”

Full story

Daily Telegraph, 28th November 2007

Source: www.telegraph.co.uk

Soulsbury v Soulsbury – Times Law Reports

Agreement has legal force

Soulsbury v Soulsbury

Court of Appeal

“An agreement between spouses to compromise an ancillary relief claim need not be approved by the court to have legal force.”

The Times, 14th November 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Lover wins court fight with dead tycoon’s son – Daily Telegraph

“The lover of a wealthy businessman who committed suicide before fulfilling his promise to marry her on the Queen Mary 2 cruiseliner yesterday won a High Court battle with his family over his £3 million fortune.”

Full story

Daily Telegraph, 24th October 2007

Source: www.telegraph.co.uk

Son wins battle to stop Tories inheriting £10m – The Times

“The Conservatives today lost a High Court battle over a multimillion pound bequest from a mentally deluded man who believed that only Margaret Thatcher could save him from an international satanic conspiracy.”

Full story

The Times, 15th October 2007

Source: www.timesonline.co.uk

Soulsbury v Soulsbury – WLR Daily

Soulsbury v Soulsbury [2007] EWCA Civ 938

“An agreement whereby a wife waived her entitlement to periodical payments from her former husband under an order of court on the promise of her former husband to leave her £100,000 in his will was legally effective even though it had not been approved by the court.”

WLR Daily, 10th October 2007

Source: www.lawreports.co.uk

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

Widow loses bid to stop £100,000 payment to ex-wife – The Times

“A woman whose husband died a few hours after their wedding ceremony failed today to stop his former wife inheriting a large chunk of his estate.”

Full story

The Times, 10th October 2007

Source: www.timesonline.co.uk

Will new power of attorney regime really protect the elderly? – The Times

“A new regime takes effect this October that should help to protect the elderly, particularly against pressure to change a will to relatives’ dismay. But will it?”

Full story

The Times, 14th August 2007

Source: www.timesonline.co.uk

Son’s fight for £10m bequest his deluded father left to the Tories – The Times

“The son of a mentally deluded man who believed that Margaret Thatcher could save the world from a satanic plot is fighting the Conservative Party over who should get his father’s £10 million bequest.”

Full story

The Times, 18th July 2007

Source: www.timesonline.co.uk


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