swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Wills and Probate - From: 1998 To: 1998
This page lists 28 cases, and was prepared on 02 April 2018.
Rees v Newbery and Institute of Cancer Research [1998] 1 FLR 1041
1998
Wills and Probate, Family
The applicant held a tenancy of the deceased, but claimed nevertheless under the Act as a dependent. Held: If as in this case there was a close personal friendship, and a proven wish by the deceased to contribute substantially to the applicant's maintenance, the existence of a tenancy agreement would not be fatal to a claim.
Inheritance (Provision for Family and Dependants) Act 1975 1(1)(e)
Re A (Child of the Family) [1998] 1 FLR 347
1998
CA
Wills and Probate
A grandchild of the deceased may have been 'treated' as a child of the deceased for the purposes of the 1975 Act.
Inheritance (Provision for Family and Dependents) Act 1975
Cancer Research Campaign v Ernest Brown [1997] STC 1425; [1998] PNLR 592
1998
Wills and Probate, Professional Negligence
An executor does not usually owe a duty to advise a beneficiary in connection with the affairs of the beneficiary. Tax avoidance is not an idea that runs naturally or should be attributed to ordinary people or to legal executives in a small firm of high street solicitors.
1 Citers
Sydney Daniels and Graham Daniels v Dr James Isaac Conroy [1998] EWCA Civ 14
13 Jan 1998
CA
Wills and Probate
[ Bailii ]
Fellows, Brennan v Page, Spring, Spring, Spring, Spring and Spring; CA 20-Feb-1998 - [1998] EWCA Civ 315
Ewing v Bennett [1998] EWCA Civ 342
25 Feb 1998
CA
Lord Justice Hirst Lord Justice Ward Lord Justice Chadwick
Wills and Probate, Health
The claimant appealed admission to probate of the will of the deceased, arguing that she had not had testamentary capacity when it was made. Held: There was evidence of the beginnings of dementia, but at the tme when she had made the will, the solicitor had twice seen her alone to check his instructions and had confirmed her capacity. The judge had correctly applied the law, and this was in essence an appeal on the facts.
1 Cites
[ Bailii ]
William Jospeh Kirwan (Executor William Kirwan and Mary A Kirwan) v Devereux and Co Browne and Jones Solicitors [1998] EWCA Civ 452
12 Mar 1998
CA
Wills and Probate
[ Bailii ]
Perotti v (L) Kenneth Corbett Watson; Mario Alfonso Impanni; Vicenzo Abbate and Mario Abbate [1998] EWCA Civ 644; [1998] EWCA Civ 489
19 Mar 1998
CA
Wills and Probate
1 Cites
[ Bailii ] - [ Bailii ]
Inland Revenue Commissioners v Lloyds Private Banking Ltd Times, 10 April 1998; Gazette, 13 May 1998
10 Apr 1998
ChD
Wills and Probate, Inheritance Tax
Provision in will where one tenant in common directed that surviving tenant be allowed to occupy house until death and thereafter gave the share to his daughter created a sufficient interest for the survivor to be charged to tax.
Inhertance Tax Act 1984
Hogg and Others v Raper and Others; CA 22-Apr-1998 - Times, 22 April 1998; Gazette, 07 May 1998
Snapes v Aram; Wade etc, In re Hancocks (Deceased); CA 1-May-1998 - Gazette, 20 May 1998; Times, 08 May 1998; Gazette, 03 June 1998; [1998] EWCA Civ 764; [1998] 2 FLR 346
Regina v Kelly; Regina v Lindsay; CACD 21-May-1998 - Times, 21 May 1998; [1998] EWCA Crim 1578; [1998] EWCA Crim 1602; [1997] 1 WLR 596; [1998] 3 All ER 741; [1999] QB 621; (2000) 51 BMLR 142
Kane v Radley-Kane and Others Gazette, 15 July 1998; Times, 01 June 1998; Gazette, 17 June 1998
1 Jun 1998
ChD
Wills and Probate
A sole personal administrator, appropriating private shares in company from an estate to satisfy his own statutory legacy, was in breach of the rule against self dealing, when this was done without the consent either of the court or the other beneficiaries.
Esterhuizen and Another v Allied Dunbar Assurance Plc Gazette, 15 July 1998; Times, 10 June 1998
10 Jun 1998
QBD
Legal Professions, Professional Negligence, Wills and Probate
A non-professional will writing agency should be subject to the same standards of professional negligence in drawing up wills as a recognised lawyer. This is necessary to protect members of the public using will writing services. "the process of signature and attestation is not completely straightforward and disaster may ensue if it is not correctly done. Any testator is entitled to expect reasonable assistance without having to ask exprssly for it. It is in my judgment not enough just to leave written instructions with the testator. In ordinary circumstances just to leave written instructions and to do no more will not only be contrary to good practice but also in my view negligent."
1 Cites
Perotti v Watson; Impanni; Abbate and Abbate (2) [1998] EWCA Civ 944
10 Jun 1998
CA
Wills and Probate
1 Cites
1 Citers
[ Bailii ]
Perotti v Mackerell Turner Garett and Kenneth Corbett Watson [1998] EWCA Civ 981
12 Jun 1998
Wills and Probate
1 Cites
1 Citers
[ Bailii ]
Gillett v Holt and Another Gazette, 15 July 1998; Times, 18 June 1998; Gazette, 01 July 1998; [1998] 3 All ER 917
18 Jun 1998
ChD
Carnwath J
Wills and Probate, Estoppel
To establish a proprietary estoppel against the testator's promise to leave items in his will, some overt act over and above a promise, and reliance upon that promise, must be shown in order to displace the testator's right to change his will.
1 Citers
Re Pearce, Deceased, Pearce v Davies Pearce; CA 25-Jun-1998 - [1998] EWCA Civ 1097
Tibbs and Tibbs v Beresford Webb and others (2) [1998] EWCA Civ 1090
25 Jun 1998
CA
Wills and Probate, Family
Inheritance (Provision for Family and Dependants) Act 1975
[ Bailii ]
John A Yeo v Anthony Beckles Wilson, Derek Plummer [1998] EWCA Civ 1115
30 Jun 1998
CA
Wills and Probate
[ Bailii ]
Anthony and Another v Donges and Others Times, 22 July 1998; [1998] 2 FLR 775
22 Jul 1998
ChD
Wills and Probate
A clause in a testator's will leaving to his widow 'such minimal sum as she might be entitled to by way of maintenance under English Law' was void for uncertainty. It tried to place the judge in the position of an arbitrator, and did so without his consent, and would not be allowed.
Anne Worby Rachel Worby David Worby v Jonathan Arnold Rosser [1998] EWCA Civ 1438
17 Sep 1998
CA
Wills and Probate, Professional Negligence
[ Bailii ]
Warren Hartnell Marshall v Lillian Pearl Marshall [1998] EWCA Civ 1508
8 Oct 1998
CA
Wills and Probate
[ Bailii ]
Swain v Foster [1998] EWCA Civ 1540
14 Oct 1998
CA
Wills and Probate
[ Bailii ]
Re Pearce (Deceased) Gazette, 04 November 1998; [1998] 2 FLR 705
4 Nov 1998
CA
Wills and Probate
An adult child succeeded in a claim under the Act against his father's estate, having worked on his fathers farm for many years and for very low pay against a promise that he would inherit the house on the father's death.
Inheritance (Provision for Family and Dependants) Act 1975
1 Citers
Bogdan Gesek v Estate of Tusnelda Maria Giller (Deceased) [1998] EWCA Civ 1765; [1998] EWCA Civ 1765
13 Nov 1998
CA
Lady Justice Butler-Sloss, Lord Justice Buxton
Wills and Probate, Litigation Practice
The plaintiff sought damages from the estate. The appointed defendant had not taken out a grant of probate. There was confusion about the terms of an order made authorising the representation. Held: The judge did have discretion to make an order for representation in respect of future proceedings. In not exercising his discretion to extend the time for service, he had failed to give effect to the purpose of the rule, namely to ensure that all issues between the parties are decided. The appeal against the dismissal of the action in limine was successful.
County Court Rules 1981 Ord 5 Rule 8
[ Bailii ]
Robert James Walker v Geo H Medlicott and Son (a Firm) Times, 25 November 1998; [1998] EWCA Civ 1806; [1999] 1 All ER
19 Nov 1998
CA
Simon Brown LJ, Mummery LJ, Sir Christopher Slade
Wills and Probate, Professional Negligence, Damages
The claimant said that the defendant solicitor had negligently failed to include in the will a specific devise of property in his favour. Held: A beneficiary who alleged negligent failure of a will draftsman to include a gift to him in a will should first establish whether rectification of the will was available, and only after failure then seek to claim under professional negligence. The solicitors had failed to carry out the testator's express instructions, and a claim by a disappointed beneficiary might stand. However the claimant here also could seek rectification of the will. The recovery of damages against a negligent solicitor had the effect of enabling the beneficiaries under the Will to retain "adventitious benefits", and accordingly fairness required that the beneficiaries share the cost of putting things right by means of rectification proceedings.
Administration of Justice Act 1970 20
1 Cites
1 Citers
[ Bailii ]
In Re the Estate of John Watson (Deceased) Times, 31 December 1998; Gazette, 27 January 1999; Gazette, 13 January 1999; [1999] 1 FLR 878
31 Dec 1998
ChD
Neuberger J
Wills and Probate
Couples live together as men and wives, in many and various ways, and assessments of relationships should be seen, for the purposes of the Act, from the point of view of a reasonable man, but within that variety. The test as to whether the couple were living in the same household as husband or wife of the deceased is an objective one.
Inheritance (Provision for Family and Dependants) Act 1975
