Wills & Trusts Law Reports | September 2013 #132Wynne Evans (Wynne) died on 2 September 2006 at the age of 79. He had worked on a farm from the age of 14. The farm latterly belonged to the defendants, David Lloyd (David) and his wife Elizabeth Lloyd (Elizabeth). Previously it had belonged to David’s parents and grandparents.
There was an issue as to whether Wynne had died testate or intestate. The claimants argued he died intestate but the defendants argued that he died testate and that the will, of which David was residuary beneficiary, had been lost.
The first claimant Howell Evans (Howell) is Wynne’s sole ...
Laurie Heller discusses the legal principles relating to severance clauses and their effectiveness in practice ‘It is submitted that a severance provision of general application will seldom have any practical effect as being too abstract, and the courts will take little notice of it in applying general principles.’Most practitioners will be familiar with the typical …
Continue reading "Severance Clauses: Do we need them?"
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