The will gave first a legacy then divided the residue between two. The will was witnessed correctly, but the two residuary beneficiaries witnessed a later codicil revoking the prior legacy. Held: Although the revocation did increase the residue, the original gifts of residue had been validly made. Citations: (1855) 3 Drew 208, [1855] EngR 306, … Continue reading Gurney v Gurney: 15 Mar 1855
This is an appeal by charities who are entitled to inherit under a will against a decision that (a) the deceased transferred her house to her nephew by a donatio mortis causa, alternatively (b) the nephew is entitled to recover 75,000 pounds against the estate as reasonable financial provision. The principal issue was whether the … Continue reading King v The Chiltern Dog Rescue and Another: CA 9 Jun 2015
References: (1855) 3 Drew 208, [1855] EngR 306, (1855) 61 ER 882 Links: Commonlii The will gave first a legacy then divided the residue between two. The will was witnessed correctly, but the two residuary beneficiaries witnessed a later codicil revoking the prior legacy. Held: Although the revocation did increase the residue, the original gifts … Continue reading Gurney v Gurney; 15 Mar 1855
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The claimant said that before her death, the now deceased testator had handed the deeds of the house to him saying that she was giving the house to him. He said it was a donatio mortis causa gift. Judges: Charles Hollander QC Citations: [2014] EWHC 2083 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and … Continue reading King v Dubrey and Others: ChD 1 Jul 2014
The forfeiture rule was to be applied in a case involving suicide. An insured may not recover under a policy of insurance in respect of loss intentionally caused by his own criminal or tortious act, however clearly the wording of the policy may suggest otherwise, and his personal representative is in no better position: ‘On … Continue reading Beresford v Royal Insurance Co Ltd: HL 1938
The first defendant (F) had been employed by a company involved in a distribution agreement. He had sought to set up a competing arrangement whilst a director of the claimant, and diverted a contract to his new company. Held: A company director has additional, fiduciary duties over and above those of an employee. The duties … Continue reading Fassihim, Liddiardrams, International Ltd, Isograph Ltd v Item Software (UK) Ltd: CA 30 Sep 2004
D, who was in hospital and near death, said to R (his former partner): ‘The house is yours, Margaret. You have the keys. They are in your bag. The deeds are in the steel box.’ After D’s death R discovered that D had put had put into her bag the only key to a steel … Continue reading Sen v Headley: CA 28 Feb 1991
The couple had decided on a suicide pact. They made repeated attempts, resulting in his death. Property had been held in joint names. The deceased’s father asked the court to apply the 1982 Act to disentitle Miss Plant. Held: The appeal was allowed, and relief against forfeiture was given. Mummery LJ said: ‘the presence of … Continue reading Dunbar (As Administrator of Tony Dunbar Deceased) v Plant: CA 23 Jul 1997
Testing for Mutual Wills The parties disputed whether wills were mutual. The claimants challenged the probate granted to a later will of their deceased mother, saying that her earlier will had been mutual and irrevocable after the death of their father. Held: The claim was established. ‘in my judgment this evidence would establish two agreements … Continue reading Legg and Another v Burton and Others: ChD 11 Aug 2017
