Hart & anr v Burbidge & ors; Samways & ors v Burbidge & ors [2013] EWHC 1628 (Ch)

Wills & Trusts Law Reports | September 2013 #132

The deceased, Phyllis Hart née Samways (W) died on 7 November 2008 aged 86. Her husband (H) had died in January 2005. They left three children, two sons, Kenneth (K) and Paul Hart (P) and a daughter Susan Burbidge (S), who all have children of their own. W had a twin sister (J) who died four weeks after her and three other surviving siblings: Arthur, Graham and Christine (the Samways). Some eight years before he died H wished to sell the family firm to one of his children, but only S and her husband (B) were prepared to take it over on his terms, which did not include the transfer of the...

Evans & ors v Lloyd & anr [2013] EWHC 1725 (Ch)

Wills & Trusts Law Reports | September 2013 #132

Wynne 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 ...