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swarb.co.uk - law indexThese 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. |
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Wills and Probate - From: 1993 To: 1993This page lists 8 cases, and was prepared on 02 April 2018. Powell v Osbourne; CA 1993 - [1993] 1 FCR 797; [1993] 1 FLR 1001 Davis v Davis [1993] 1 FLR 54 1993 CA Thorpe J Family, Wills and Probate The deceased had left his widow a life interest in his residuary estate, with power for his trustees to purchase a house for her occupation, which they had duly exercised. The essential question was whether, as the widow claimed, she should be awarded an absolute interest in the house, a question answered in the negative: "The Act of Parliament makes plain that the court's powers only arise if the court is satisfied that the disposition of the deceased's estate by his will fails to make reasonable financial provision for the plaintiff. It seems to me that the plaintiff has manifestly failed to cross the threshold. It is not for this court to rewrite the testamentary provisions of deceased persons lightly. If in this case it can be said that the provision of a life interest in the entire residuary estate is not reasonable provision then I think that could be asserted in almost any case in which the testator elects to make provision for his surviving spouse by that means." Inheritance (Provision for Family and Dependants) Act 1975 2 1 Citers Wright's Trustees v Callender [1993] UKHL 13; 1993 SLT 556; 1993 SCLR 415; 1993 SC (HL) 13 28 Jan 1993 HL Lord Keith of Kinkel Scotland, Wills and Probate [ Bailii ] In Re Estate of Monica Dale Dec, Proctor v Dale; ChD 11-Feb-1993 - Gazette, 07 April 1993; Times, 16 February 1993; Independent, 14 April 1993; [1993] 4 All ER 129 Regina v Investor's Compensation Scheme, ex Parte Bowden Independent, 17 February 1993; Gazette, 07 April 1993 17 Feb 1993 QBD Wills and Probate, Financial Services The Investors' Compensation Scheme must exercise discretion in quantifying a claim. An investor's right to make a claim under the scheme survives his death and passes to his personal representative. Financial Services Act 1986 1 Citers Crowden and Another v Aldridge and Others; ChD 17-Mar-1993 - Gazette, 17 March 1993 Hubbard v Hamburger; ECJ 1-Jul-1993 - Times, 16 July 1993; Ind Summary, 23 August 1993; C-20/92; [1993] EUECJ C-20/92; [1993] ECR 1-377 Harlow v National Westminster Bank Plc and Others; in re Jennings Dec; CA 13-Dec-1993 - Gazette, 16 February 1994; Times, 03 January 1994; [1994] Ch 286; [1994] 3 WLR 67; [1994] 3 All ER 27; [1993] EWCA Civ 10 |
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