(Prerogative Court) A will being drawn by a solicitor, in which a considerable legacy was given to himself and to the medical man and butler of the deceased, excluding an only son, the presumption of law is strong against the act, and the Court requires strong evidence to satisfy it that the act is the … Continue reading Butlin v Barry: 5 Sep 1837
An executor, after payment of all the debts of which he had notice, invested certain parts of the residue of the testator’s personal estate remaining in his hands, in the funds in his own name, received the dividends, arid paid them over to the legatees in satisfaction of their legacies given by the will :-Held, … Continue reading Sir John Smith, Knight v Thomas Starling Day And Henry Framlingham Day, Executors Of Sir Haylett Framlingham, Deceased: 1837
Challenge to grant of probate for home made will. Claim that not executed properly – contention that it was not signed by Mrs Whelen in the presence of 2 witnesses (s 9(1)(c)) and that the two witnesses who attested the will (Mr Hallam and Mrs Tomalin) did so at the request of and in the … Continue reading Royal National Institute for Deaf People and Others v Turner: ChD 18 Nov 2015
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The will made a contingent gift. A later codicil removed the contingency, but was witnessed by the beneficiary. Held: The gift was avoided by the section. Citations: [1866] LR 2 Eq 284 Statutes: Wills Act 1837 15 Jurisdiction: England and Wales Wills and Probate Updated: 06 December 2022; Ref: scu.182730
A witness to the will was to claim a benefit under it. The will had later been confirmed and altered in a codicil. Held: Section 15 did not apply so as to avoid the gift to the beneficiary, since the will, and the gift, had been confirmed by the later codicil which was not so … Continue reading Re Trotter: 1899
The will left property to a female beneficiary. Later, but before the death of the testator, she married one of the witnesses. Held: Section 15 should be construed narrowly. The gift remained effective. Citations: (1881) 6 QBD 311 Statutes: Wills Act 1837 15 Wills and Probate Updated: 12 May 2022; Ref: scu.182728
The testatrix, a nun, left her property to whoever was abbess of the convent at the date of her death. The nun who witnessed the will was later that abbess. The gift was challenged under the Act. Held: The act took effect where the gift was taken beneficially. The gift remained effective here because the … Continue reading Re Ray’s Will Trusts, Public Trustee v Barry: 1936
A husband and wife had each executed the will which had been prepared for the other, owing to an oversight on the part of their solicitor; the question which arose was whether the will of the husband, who died after his wife, was valid. The parties disputed whether the will have been validly executed, and … Continue reading Marley v Rawlings and Another: SC 22 Jan 2014
‘two interesting and difficult questions on the law of wills: (1) Where issue succeed to the interest of a parent who predeceased the testator under s.33 of the Wills Act 1837 (as amended), do they take subject to any condition subsequent which would have bound that parent? (2) If so, what is the effect of … Continue reading Naylor and Another v Barlow and Others: ChD 19 Jun 2019
The testator had given instructions for his will and received a draft will. The judge had found that he had capacity to make the will when he gave instructions but not when it was executed. The will having been made in accordance with his instructions, it was upheld, applying Parker v Felgate. The appellant, challenging … Continue reading Perrins v Holland and Others; In re Perrins, deceased: CA 21 Jul 2010
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
There had been donationes mortis causa of the money standing in four accounts, by the delivery of a Post Office Savings Bank book and three other bank books of various descriptions. Lord Evershed MR stated: ‘the courts will examine any case of alleged donatio mortis causa and reject it if in truth what is alleged … Continue reading Birch v Treasury Solicitor: CA 1950
The parties had disputed the validity of a will, and the successful wife of the deceased argued that her costs should be paid by those challenging the will rather than from the estate. Held: The solicitors (or their insurers) who had made the error should bear the costs of such an action. However, the contingency … Continue reading Marley v Rawlings and Another (2): SC 18 Sep 2014
A mistake was made in the drafting of a codicil by which, inter alia, the testatrix had revoked cl 7 of her will. It was clear from the evidence that the testatrix had never intended to revoke the whole of that clause but only to revoke the pecuniary legacy given by cl 7(iv). The error … Continue reading In re Morris Deceased: ChD 1970
Child’s Wish for post-mortem cryonic Preservation JS, a child of 14, anticipating her death from cancer expressed the desire that her body should receive cryonic preservation in the hope that one day a treatment might be available to allow her to be revived, and proceedings were issued. Her parents were divorced, and they differed as … Continue reading Re JS (Disposal of Body): FD 10 Nov 2016
Letters of administration had been taken out, but it was subsequently discovered that the deceased, a seamen, may have made a nuncupative will which would be valid if made at sea. He had said: ‘You listen to me. If anything happens to me, I want everything to go to Auntie Anne.’ and later ‘What I … Continue reading Ayling v Summers and Others: ChD 14 Sep 2009
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now private. She appealed an order declaring the continued public rights. Held: The applicant … Continue reading Rowland v The Environment Agency: CA 19 Dec 2003
