Category Archives: Wills and Probate

Jeffs senior had made a will appointing his son Jeffs junior as his executor and leaving a legacy of £500 to his nephew Wood, who was indebted to the testator in a smaller sum. Wood was made bankrupt after the … Continue reading →

The parties disputed the effect of a names and arms clause in a will.Held: The gift did not fail. ‘The submission that the testator would have been concerned to have the heir take up and use the Howard name as … Continue reading →

The court considerd the interpretation of a Names and Arms clause in a will under which the testator directed that any person becoming entitled to a particular gift under the will must: ‘take upon himself and use upon all occasions … Continue reading →

Where a statutory will had been made, but the testator died before it had been sealed by the Court of Protection, the Court could still seal it after death and the will would be admitted to probate.

An administrator of an intestate died in 1817 indebted to a large amount in respect of his receipts as administrator, but leaving sufficient personal estate to pay this amount, and also leaving freehold estates. In the same year a suit … Continue reading →

The rule throwing upon the party propounding a will the burden of showing that it expresses the true will of the deceased is not confined to cases where the will is prepared by a person taking a benefit under it. … Continue reading →

The court found that the will at issue was prepared under suspicious circumstances which included the fact that the idea of the will was conceived and implemented in a period after a significant hospitalisation where the physical and mental deterioration … Continue reading →