Case: Edwards v Edwards & ors [2007] EWHC 1119 (Ch); [2007] WTLR 1387 ChD

Coles v Reynolds & anr WTLR(w) 2021-02

Christodoulides v Marcou [2020] WTLR 883

The claimant and the defendant were sisters, the daughters of Agni Iacovou (the testatrix). By her will dated 7 August 2012 (the will), made shortly before her death two days later, the testatrix gave her entire net residuary estate to the claimant whom she appointed to be her executrix. The claimant issued proceedings on 18 June 2014 seeking an order that the court pronounce for the will in solemn form. The defendant defended the claim on the basis that the will had been procured by fraudulent calumny – that the claimant had poisoned the mind of the testatrix by casting untruthful asper...

Re Boyes [2020] WTLR 793

The testator (T) died in 2010 aged 86 with an estate of £391,573. The claimant (C) was the elderly sister of T’s late wife and sought to propound his last will dated November 2009, which left the estate as to two thirds to her and one third to the first defendant (D1), T’s daughter, who was also executor along with the second defendant. The third and fourth defendants (D3, D4), T’s two sons, challenged the validity of the 2009 will on grounds of lack of testamentary capacity and/or fraudulent calumny allegedly perpetrated by D1 (who was the beneficiary under C’s will). D3 and D4 therefor...

Nemazee v Nemazee [2020] WTLR 637

On 27 May 2015 the deceased entered into four transactions: first, a long lease of her flat, in exercise of her right to buy; second, a legal charge over her leasehold interest in favour of the defendants; third, a declaration of trust that she held the leasehold interest on trust for herself and her granddaughter as beneficial joint tenants; fourth, a will leaving her residuary estate to her three sons in equal shares. The claimant sons initially claimed that the deceased lacked capacity to execute the will and declaration of trust, and pleaded lack of knowledge and approval and/or undu...

Todd v Parsons & ors [2020] WTLR 305

T died in 2009, aged 96 years, leaving two adult children, her son, who was the claimant (C), and her daughter, who was the third defendant (D3). By a will document dated 25 September 2008, T appointed the first defendant (D1) and the second defendant (D2) as her executors. D1 was the daughter of D3 and T’s only grandchild. D2 was the solicitor who drafted the will document. Both remained neutral in the proceedings.

In June 2017, C brought a claim for probate in solemn form of the will document and for an order removing D1 and D2 as executors and appointing an independent personal...