Brendan Cotter considers how likely a claim against a testamentary predator is to succeed ‘The classic sign of undue influence is the main beneficiary being active in the preparation of a will in which they take a substantial benefit.’As Hilaire Belloc wrote in Dedicatory Ode 1910: ‘The question’s very much too wide, and much too …
Continue reading "Wills: Crossing a line"
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Wills & Trusts Law Reports | October 2013 #133Mrs Louisa Ashkettle (the testatrix) died on 27 September 2007, aged 86. She left two wills dated 2 October 1986 and 18 January 1999. While the 1986 will left everything equally between her two sons (the claimants) and her daughter (the respondent), the 1999 will (the will) left everything to the respondent. The claimants stated that:
- (i) the will was not properly executed;
- (ii) the testatrix lacked testamentary capacity at its execution;
- (iii) the testatrix did not know and approve the contents of the will; and
- (iv) if their assertions at (ii)...
Emily Exton and Katherine Harper provide an update on the Court of Appeal decision in Barrett v Bem ‘Where a testator is not capable of personally signing their will and decides to direct some other person to sign it, it is crucial that the testator should make some positive and discernible communication that they wish …
Continue reading "Execution By Beneficiary: Confusing signs"
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Wills & Trusts Law Reports | May 2012 #119Martin Lavin (the testator) died on 11 January 2004 in Hammersmith Hospital leaving a will in which he left everything to his sister Anne Liston whom he also appointed executor (the will). Anne died on 04 November 2004 having obtained probate of the will in June 2004. Her daughter, Hanora Bem was appointed her executor. Hanora wrote out the will at Hammersmith Hospital on the day of the testator’s death. The testator was alleged to have signed the will at approximately 3.30pm on the date of his death. It was purportedly witnessed by two staff nurses.
In May 2007, proceedings were ...
Barrett v Bem sets an unusual precedent as Emily Exton explains ‘There was, in Vos J’s view, no question that Mr Lavin had wanted to make a will and had wanted Mrs Liston to inherit.’After a seven-year legal battle the will of Martin Lavin has recently been upheld by the court, in Barrett v Bem …
Continue reading "Wills: Helping hand"
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