Category Archives: Wills and Probate
Fielden, Graham (Executors of Cunliffe deceased) -v- Cunliffe; CA 6-Dec-2005
The will was executed anticipating the marriage to the respondent, leaving assets on discretionary trusts for the responent and various family members and others. She had come to work for the deceased as his housekeeper, but later they came to … Continue reading
Filed under Family, Wills and Probate
Banks -v- Goodfellow; QBD 1870
The testator suffered from delusions, but not so badly or in such a way as was found to affect his capacity or to influence his testamentary disposition. The judge had given the following direction: ‘The question is whether . . … Continue reading
Filed under Health, Wills and Probate
Uglow -v- Uglow and others; CA 27-Jul-2004
The deceased had in 1976 made a promise to the claimant. The promise was not honoured in the will, and the claimant asserted a proprietory estoppel.Held: The judge was right to have found that the promise was bound up with … Continue reading
Filed under Estoppel, Wills and Probate
Sherrington and Another -v- Sherrington; CA 29-Dec-2006
The deceased had after remarriage made a will which excluded from benefit entirely his first wife and children by her. Claims under the 1975 Act were put to one side while the court decided on the validity of the will, … Continue reading
Filed under Wills and Probate
Re Croxon; 1904
A Royal Licence to take up a coat of arms specified by the testator could not be obtained because it could not be shown that the testator was entitled to those particular arms.
Filed under Wills and Probate
Hoff and others -v- Atherton; CA 19-Nov-2004
Appeals were made against pronouncements for the validity of a will and against the validity of an earlier will. The solicitor drawing the will was to receive a benefit, and had requested an independent solicitor to see the testatrix and … Continue reading
Filed under Wills and Probate
Willes -v- Greenhill; CA 16-Nov-1860
The testator had in 1830 backed a bill for his son Henry. It was dishonoured, and after the testator’s death in 1832 his executors met the liability. Henry had a one-sixth interest, subject to his mother’s life interest, in the … Continue reading
Filed under Wills and Probate
Edwards -v- Edwards and others; ChD 3-May-2007
A son of the deceased alleged that his brother had used his undue influence over their mother to persuade her to change her will to exclude him from it.
Filed under Undue Influence, Wills and Probate
Moore -v- Holdsworth and Others; ChD 12-Mar-2010
The claimant sought reasonable provision from the estate of her late husband. She suffered advanced multiple sclerosis, and the estate was relatively small, from which she was to receive £40,000. She sought all of it.Held: It would be wrong to … Continue reading
Filed under Wills and Probate
Garland -v- Morris and Another; ChD 11-Jan-2007
The claimant sought additional provision from her father’s estate. She said that the will failed to make reasonable provsion for her, bearing in mind her extreme financial needs. She was a single mother of three.Held: The claim failed. Michael Furness … Continue reading
Filed under Wills and Probate
