swarb.co.uk - law index
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Wills and Probate - From: 1994 To: 1994
This page lists 4 cases, and was prepared on 02 April 2018.
In re Dale dec'd [1994] Ch 31
1994
ChD
Morritt J
Trusts, Wills and Probate
The taking of a benefit on the strength of a binding engagement is enough to create a constructive trust. For this doctrine to apply there must be a contract at law. For the doctrine of mutual wills to apply it is not necessary that the second testator take a personal direct benefit under the other will.
1 Cites
1 Citers
Corbett v Newey and Others Gazette, 06 July 1994; Times, 12 May 1994
4 May 1994
ChD
Mr Eben Hamilton QC
Wills and Probate
A will had been executed, but left undated, awaiting for later condition to be fulfilled, and then it was to be dated. It did not show the necessary testamentary intent, and was not a valid will. The will must have an immediate testamentary effect. The testator cannot impose a precondition.
1 Citers
Weatherhill v Pearce; ChD 7-Nov-1994 - Times, 07 November 1994; Ind Summary, 05 December 1994
Edwards and Another v Strong and Another Times, 09 November 1994
9 Nov 1994
ChD
Wills and Probate
Successor pending grant in intestacy is the President of Family division.