swarb.co.uk - law index
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Wills and Probate - From: 1995 To: 1995
This page lists 7 cases, and was prepared on 02 April 2018.
Morrow v Morrow; 1995 - [1995] NIJB 46
Re Barker: Nemes v Baker; 1995 - [1995] 2 VR 439
In re Bentham's Will Trusts [1995] STC 210
1995
Wills and Probate
1 Citers
Practice Direction: Public Trustee Office Law of Property (Miscellaneous Provisions) Act 1994 Gazette, 28 June 1995
28 Jun 1995
ChD
Wills and Probate
Regarding service of notices on the Public Trustee under Administration of Estates Act 1925.
Law of Property (Miscellaneous Provisions) Act 1994
Picarda and others v Picarda and Another [1995] EWCA Civ 39
25 Jul 1995
CA
Staughton, Rose, Pill LJJ
International, Wills and Probate
[ Bailii ]
Watson v the National Children'S Home and Others Times, 31 October 1995; Gazette, 18 October 1995
18 Oct 1995
ChD
Wills and Probate
Where a will imposed an impossible condition on a gift in the will, then the condition is deemed to be spent, and the gift to be unconditional.
Goodchild v Goodchild Times, 22 December 1995; Ind Summary, 08 January 1996; [1996] 1 WLR 694
13 Dec 1995
ChD
Carnwath J
Wills and Probate, Family
The husband and wife had made mirror wills. They divorced, and the husband made a new will. After his death, the child and the third wife of the deceased made a claim against the second wife. Held: The wills were in identical terms, but nevertheless, fell short of having full and explicit status as mutual wills. Even so they could still create a trust, with a like result. The court granted an order under section 2 of the 1975 Act on the ground that wife's mistaken belief that the terms of the wills were mutually binding imposed a moral obligation on the deceased. That constituted a special circumstance which exceptionally justified a claim by the son under the Act of 1975. "It is also clear from Birmingham v Renfrew .... that these 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 .... The principle of all these cases is that a court of equity will not permit a person to whom property is transferred by way of gift, but on the faith of an agreement or clear understanding that it is to be dealt with in a particular way for the benefit of a third person, to deal with that property inconsistently with that agreement or understanding." and 'the agreement or understanding must be such as to impose on the donee a legally binding obligation to deal with the property in the particular way and that the other two certainties, namely, those as to the subject matter of the trust and the persons intended to benefit under it, are as essential to this species of trust as they are to any other.'
Inheritance (Provision for Family and Dependants) Act 1975 - Wills Act 1837 18
1 Cites
1 Citers