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Davies v Davies: CA 12 Jun 1837

Residuary legatees filed a bill against the executor and the surviving partner of the testator for an account of partnership transactions. Held: In the absence of a charge of fraud or collusion, there were no special circumstances justifying the legatees’ claim. Judges: Lord Langdale MR Citations: [1837] EngR 840, (1837) 2 Keen 534, (1837) 48 … Continue reading Davies v Davies: CA 12 Jun 1837

Lord Walpole v Lord Orford: HL 1797

The court considered the difference between an obligation accepted in law, and what was described as ‘an honourable engagement’. Judges: Lord Loughborough LC, Lord Camden L.C Citations: (1797) 3 Ves Jun 402, [1797] EngR 489, (1797) 3 Ves Jun 402, (1797) 30 ER 1076 Links: Commonlii Jurisdiction: England and Wales Citing: See Also – Lord … Continue reading Lord Walpole v Lord Orford: HL 1797

Weatherhill v Pearce: ChD 7 Nov 1994

The testatrix had signed her name by the attestation clause before it was witnessed. Held: A pre-signed will, on which the testator’s earlier signature was then acknowledged before a witness, and if there was appropriate evidence of her intention to give effect to the will, satisfied the UK law’s attestation requirements. The court is to … Continue reading Weatherhill v Pearce: ChD 7 Nov 1994

Guardian Trust and Executors Company of New Zealand Ltd v Inwood and Others: 1946

(New Zealand Court of Appeal) The Court admitted a will to probate, omitting words naming the testatrix. Fair J said: ‘but it is submitted on behalf of the defendants, who are entitled under the intestacy, that it is not admissible to probate on the ground that it was not executed animo testandi- that is, that … Continue reading Guardian Trust and Executors Company of New Zealand Ltd v Inwood and Others: 1946

Re Meyer: 1908

Two sisters made mirror codicils to their wills but each then executed that of the other sister. Held: The dispositions contained in them were invalid. Sir Gorell Barnes P said: ‘But it is quite clear that this lady, though her signature is on the document, never meant to sign this particular codicil at all. She … Continue reading Re Meyer: 1908

Re Ray’s Will Trusts, Public Trustee v Barry: 1936

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

In Re Hughes Deceased: ChD 8 Jan 1999

The deceased had made a will providing for her daughter and charities. She became ill, and lost capacity, and then her daughter died. Her son applied for a statutory will. This was ordered and prepared, but she died before the court could confirm that it could be sealed. The son applied for an order allowing … Continue reading In Re Hughes Deceased: ChD 8 Jan 1999

Wordingham v Royal Exchange Trust Co Ltd and Another: ChD 6 May 1992

A testatrix revoked her earlier will and, by an oversight and contrary to the testatrix’s instructions, her solicitor had failed to repeat in her later will, provisions of the earlier will exercising a testamentary power of appointment. The clerical error was due to an error in the process of recording the testator’s instructions, not in … Continue reading Wordingham v Royal Exchange Trust Co Ltd and Another: ChD 6 May 1992

Sir John Smith, Knight v Thomas Starling Day And Henry Framlingham Day, Executors Of Sir Haylett Framlingham, Deceased: 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

Bray and Others v Peterkin (Bruce’s Trustee) and Others: SCS 19 Jul 1906

(Court of session Inner House Second Division) Section 27 of the English Wills Act 1837, which provides that ‘a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall be construed to include any personal estate, or any personal estate to which such description shall … Continue reading Bray and Others v Peterkin (Bruce’s Trustee) and Others: SCS 19 Jul 1906

Ram and Another v Chauhan and Another: Misc 19 Jul 2017

Leeds County Court – Challenge to validity of will – witnesses not present – lack of capacity – undue influence Saffmann HHJ [2017] EW Misc 12 (CC) Bailii Wills Act 1837 9 England and Wales Citing: Cited – Banks v Goodfellow QBD 6-Jul-1870 Test for Capacity to Execute WillThe testator suffered from delusions, but not … Continue reading Ram and Another v Chauhan and Another: Misc 19 Jul 2017

Jenkins v Gaisford, Re Jenkins (deceased)’s goods: ChD 1863

The testator had become infirm and unable to sign his name. He had made a stamp which reproduced his signature. He used it to execute his will. The will was challenged. Held: The will had been validly executed. The requirement of the Act could be fulfilled by somebody else executing a document on the direction … Continue reading Jenkins v Gaisford, Re Jenkins (deceased)’s goods: ChD 1863

Birch v Treasury Solicitor: CA 1950

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

Court and Others v Despallieres: ChD 17 Dec 2009

The claimants sought to challenge a will admitted to probate, saying that the will had been revoked by the testator later entering into a civil partnership. Held: The effect of the provisions inserted into the 1937 Act was to parallel similar provisions relating to the revocation of wills on a marriage. Accordingly the will as … Continue reading Court and Others v Despallieres: ChD 17 Dec 2009

Ayling v Summers and Others: ChD 14 Sep 2009

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

Rowland v The Environment Agency: CA 19 Dec 2003

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

Birmingham v Renfrew; 11 Jun 1937

References: (1937) 57 CLR 666, [1937] HCA 52 Links: Austlii Coram: Dixon J, Latham CJ Ratio: (High Court of Australia) Cases of mutual wills are only one example of a wider category of cases, for example secret trusts, in which a court of equity will intervene to impose a constructive trust. Latham CJ described a … Continue reading Birmingham v Renfrew; 11 Jun 1937

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Rector of Wrington and The Bath and Wells Diocesan Board of Finance v Jenkinson and Others: ChD 26 Feb 2002

Land having been conveyed under the Act, and it no longer being needed as a school, it had to be decided to whom the land reverted. Held: The tracing of beneficiaries had to be in the basis under section 2, that the land had never been so conveyed. It would so have passed not as … Continue reading Rector of Wrington and The Bath and Wells Diocesan Board of Finance v Jenkinson and Others: ChD 26 Feb 2002

Royal National Institute for Deaf People and Others v Turner: ChD 18 Nov 2015

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

Perrins v Holland and Others; In re Perrins, deceased: CA 21 Jul 2010

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

Sherrington v Sherrington: CA 22 Mar 2005

The deceased, a solicitor of long standing, was said to have signed his will without having read it, and had two witnesses sign the document without them knowing what they were attesting. He had remarried, and the will was challenged by his children. The judge had held the will invalidly executed. Held: The appeal succeeded. … Continue reading Sherrington v Sherrington: CA 22 Mar 2005

Marley v Rawlings and Another (2): SC 18 Sep 2014

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

Re JS (Disposal of Body): FD 10 Nov 2016

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

Kentfield v Wright: ChD 1 Jul 2010

The claimant disputed her mother’s will which left everything to her brother, challenging its execution. She said that the second witness had not been present when the will was signed. Held: The will stood. Where a will appeared to be properly executed, the strongest evidence was required to counter the presumption in law of due … Continue reading Kentfield v Wright: ChD 1 Jul 2010