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These 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.  














Wills and Probate - From: 2001 To: 2001

This page lists 23 cases, and was prepared on 02 April 2018.

 
d'Eye v Avery [2001] WTLR 227
2001


Wills and Probate



 
 Public Trustee v Cooper; 2001 - [2001] WTLR 901

 
 Richards v Allan; ChD 2001 - [2001] WTLR 1031

 
 Casimir v Alexander; 2001 - [2001] WTLR 939
 
Elizabeth Adams v Julian James Lewis (Administrator of the Estate of Frank Adams dec) Unreported, 26 January 2001; (2001) WTLR 493
26 Jan 2001
ChD
John Behrens
Family, Wills and Probate
The widow's claim under the Act was contested by three daughters where the widow received a specific legacy and the will gave trustees a power to apply any part of the residue during the lifetime of the widow to provide and maintain a suitable residence. The court reduced the specific legacy and made an order transferring the matrimonial home to the widow absolutely, thereby awarding her approximately one half of the value of the estate. The marriage had been very long, and the assets held in the husband's name. Held: Whilst the amount the claimant would have received on a divorce was only one factor, it can be a most important one. Too great a concentration on deeds and resources blurs the distinction between sections 1(2)(a) and (b). Having noted that there were sufficient assets in the estate to have provided for both parties on a divorce and that on divorce the court would have been looking for a clean break and that the case did not involve inherited assets there was stated to be no apparent reason why the court should depart from an equal division of the assets. It was stated that whether the divorce court would have awarded the applicant the matrimonial home or whether it would have sought to achieve equal division by some different route would have depended upon the needs and wishes of the parties.
Inheritance (Provision for Family and Dependants) Act 1975 1(2)(a) 1(2)(b)
1 Cites

1 Citers


 
Cleaver, Bodden v Delta American Reinsurance Company Appeal No 5 of 2000; [2001] UKPC 6
1 Feb 2001
PC
Lord Steyn Lord Lloyd of Berwick Lord Cooke of Thorndon Lord Scott of Foscote Sir Patrick Russell
Insolvency, Company, Commonwealth, Wills and Probate
(Cayman Islands) In the course of trading the company had given security to carry on its insurance business. On its insolvency, the administrators required the creditor to bring into hotchpot credit received in a foreign jurisdiction. It was said that having obtained an advantage over other unsecured creditors for the amount secured, the claiming creditor should make available to all creditors the payment already received. Held: The difference here, was that the payment received had arisen from a letter of credit, and had never been part of the insolvent company's estate. Hotchpot applies only to assets regarded as part of the estate in liquidation. Rule 4.88 did not operate as an exception to the hotchpot rules. Appeal dismissed.
Insolvency Rules 1986 4.88 4.96
1 Cites

[ Bailii ] - [ PC ]

 
 Perotti v Watson and others; CA 2-Feb-2001 - [2001] EWCA Civ 116
 
Fuller v Strum [2001] EWCA Civ 228
16 Feb 2001
CA
Robert Walker LJ
Wills and Probate
The family sought to challenge admission to probate of the will saying that the signature on the will had been forged. They now sought permission to appeal. Held: Leave was granted. The circumstances were extraordinary. The decision was marginal, but an appeal was not hopeless.
1 Cites

1 Citers

[ Bailii ]
 
Gregory-Davies v Bradley and others [2001] EWCA Civ 439
13 Mar 2001
CA

Wills and Probate

Inheritance (Provision for Family and Dependants) Act 1975
[ Bailii ]
 
Corbett (As Administrator of the Estate of Miss N A Tresawna (Deceased)) v Bond Pearce (a Firm) [2001] EWCA Civ 531
11 Apr 2001
CA

Professional Negligence, Wills and Probate
The testatrix had executed her will, but the will was dependent upon deeds of gift first taking place. The will was only later dated, once the deeds had been put into effect.
1 Cites

1 Citers

[ Bailii ]

 
 In Re the Estate of Phyllis Mary Bliss (Deceased); ChD 13-Apr-2001 - Times, 13 April 2001; Gazette, 07 June 2001
 
Lumley v Robinson [2001] EWCA Civ 805
17 May 2001
CA

Wills and Probate

Inheritance Provision for Family and Dependants Act 1975
[ Bailii ]
 
In the Matter of the Will of 23rd July 1987 of Clara Broadbent Dec'd Times, 27 June 2001; Gazette, 12 July 2001; [2001] EWCA Civ 714
17 May 2001
CA

Wills and Probate, Charity
A will left a charitable bequest to a particular church at a particular pace. Before the testator's death the church was demolished, and the land sold for residential development. Held: As a matter of construction, that the closure of the church did not lead to a failure of the church charity, in this particular case. The destiny of gifts to named charitable institutions located at specific premises, which had gone before the gift took effect, raised difficult questions, but in this case the gift did not fail.
[ Bailii ]
 
Hooper v Fynmores Gazette, 21 June 2001; Times, 19 July 2001
21 Jun 2001
ChD

Professional Negligence, Wills and Probate, Legal Professions
The elderly testator had wanted to make a new will which would have increased the claimant's share of his estate by one eighth. The appointment to sign the will was cancelled when the solicitor was himself hospitalised, and the testator died before the second appointment. The solicitors appealed on the basis that the finding against them effectively imposed a higher duty to the beneficiary than would have been due to the testator. Held: The appeal was dismissed. In undertaking to prepare a will, the solicitor entered into a special relationship with the beneficiaries, an incident of which was a duty to them to act with due expedition and care. The proposed appointment should not have been cancelled without enquiry as to the testator's health and considering whether to send a substitute. It should not have been missed without the client's consent.

 
Melhuish v Waters [2001] EWCA Civ 1174
5 Jul 2001
CA

Wills and Probate, Litigation Practice
A settlement had been reached on the morning of the trial, embodied in a consent order. The applicant sought leave to appeal, denying that he had consented. He now applied for an adjournment of his application. Held: The application for the adjournment was unsupported by justification and was too late. The applications for adjournment and for leave were refused.
[ Bailii ]
 
Smith v Smith and Others Times, 18 June 2001; Gazette, 12 July 2001
12 Jul 2001
ChD

Wills and Probate
The claimant had executed a voluntary disclaimer, under which he renounced all his expectation under a will. The testator was still alive. After her death, the executors relied upon the disclaimer, and the applicant said it was ineffective. He was correct. A disclaimer operates as an avoidance, not as a disposition. In order to be effective there must be some real interest upon which it could bite. An expectancy under a will was not such an asset, and the disclaimer was ineffective. Also, no consideration had been given for the disclaimer, neither could it be treated and enforced as an agreement by the executors.

 
Gandhi v Patel and others [2001] EWHC Ch 473; [2002] 1 FLR 603
31 Jul 2001
ChD
Park J
Family, Wills and Probate

1 Citers

[ Bailii ]
 
Teasdale v Teasdale and Another [2001] EWCA Civ 1436
14 Sep 2001
CA

Wills and Probate
Application to withdraw from order made by consent.
Inheritance (Provision for Family and Dependants) Act 1975
[ Bailii ]

 
 Fuller v Strum; CA 11-Oct-2001 - [2001] EWCA Civ 1551
 
Richards and Another v Morgan [2001] EWCA Civ 1592
18 Oct 2001
CA
Chadwick LJ
Wills and Probate
The claimants sought admission to probate of a will. The respondent objected saying that the testatrix did not have capacity. Held: Contested probate proceedings are specialist proceedings, and must be dealth with by oral application save with the consent of all parties. The judge had not given any reasons at all for his decision which appeared to have been reached in the absence of the statements from the defendants. The matter was adjourned to allow the defendants to issue application for leave on notice, though it was to be hoped that it could be agreed by consent.
[ Bailii ]

 
 Fuller v Strum; CA 7-Dec-2001 - [2002] WTLR 199; Times, 22 January 2002; Gazette, 14 February 2002; [2001] EWCA Civ 1879; [2002] 2 All ER 87; [2002] 1 WLR 1087
 
Scott and others v Honeyman-Scott [2001] EWCA Civ 2087
17 Dec 2001
CA

Wills and Probate
Renewed application for permission to appeal against an order in so far as that order provided that the administrator of the estate of the late James Honeyman-Scott should make no further payments to the defendant, Peggy Sue Honeyman-Scott, in respect of her half share of the residuary estate until the sum of £372,184 and the order for costs made against her were paid in full.
[ Bailii ]
 
Richard Oliver Robert Iliffe v James Anthony Trafford and Another [2001] EWHC Ch 469
19 Dec 2001
ChD
The Hon Mr Justice Hart
Wills and Probate
Major Stibbard had died appointing family members and a solicitor to act in his will. The family had become embroiled in bitter litigation. The defendants were appointed administrators with will annexed. As personal representatives of the last surviving trustee of the legal estate, the defendants had the power to appoint new trustees of the various trusts in the estate. Within a year of the grant these proceedings were issued, without any letter before action, claiming damages for delay. Held: The rash and highly speculative action must fail. The claim was insufficiently particular, and had not been made out.
Trustee Act 1925 18(2) 36(1)
[ Bailii ]
 
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