Schrader v Schrader [2013] EWHC 466 (Ch)

Wills & Trusts Law Reports | May 2013 #129

Jessica Schrader (the testatrix) died a widow aged 98. The testatrix’s two sons, the claimant (Nick) and the defendant (Bill), survived her.

By a will dated 1 October 1990 (the 1990 will), drafted by a firm of solicitors, the testatrix had made specific gifts of shares and savings bonds to her grandchildren and thereafter left her residue (on her husband having predeceased) to Nick and Bill in equal shares absolutely.

However, in or about May 2005, the testatrix suffered a fall and Nick moved into the testatrix’s property to act as her carer. On 12 April 2006, a further wil...

Hawes v Burgess & anr [2013] WTLR 453

Wills & Trusts Law Reports | April 2013 #128

Daphne Burgess, the deceased (D), died in May 2009 aged 80. She had three children: the appellant, Julia (J), and the respondents, Peter (P) and Libby (L). P and the deceased were very close. He organised her finances and in 2006 bought a bungalow for her to live in. It was to remain in his name, but subject to a lease to his mother to give her security. They agreed that she would pay £21,000 towards the cost of a new kitchen and bathroom that she wanted installed. J and P fell out for a number of reasons, mainly connected with the purchase of the bungalow and related arrangements affect...

Paynter & anr v Hinch [2013] EWHC 13 (Ch)

Wills & Trusts Law Reports | April 2013 #128

>The defendant (Frank) obtained probate of his late mother’s will dated 26 July 2004 (Abbie and the 2004 will). The 2004 will appointed Frank sole executor of Abbie’s estate, which was bequeathed to Frank absolutely.

The claimants (Stephen and Victoria), Abbie’s other surviving children, challenged the validity of the 2004 will on the ground that their mother did not know and approve its contents. They sought revocation of the grant of probate made to Frank and a grant in solemn form of a will dated 24 January 1999 (the 1999 will), by which Abbie’s re...

Burgess & anr v Hawes & ors 0CL10537

Wills & Trusts Law Reports | April 2012 #118

Daphne Mary Burgess (testatrix), who was a widow, had made a will on 23 September 1996 (1996 will) leaving her entire estate equally between her three children, the first and second claimants and the first defendant. At that time, she was living at 8 Abbey Way, Bradville, Milton Keynes (8 Abbey Way) and, while retaining a sense of financial independence, she relied on her son for the payment of household bills. Her physical health deteriorated as she became older, medication was already required for hypertension when she was diagnosed with diabetes, and an arthritic condition worsened to...

Cowderoy v Cranfield [2011] EWHC 1616 (Ch)

Wills & Trusts Law Reports | December 2011 #115

Mrs Blofield (D) was in her 80’s and owned her own home worth around £140,000. Her only son (R) was an alcoholic and seriously ill. He moved into her house in 2002 and remained there until he died, intestate, on 5 August 2006. He had fathered several children. One was adopted and others taken into care but they paid no part in his life or that of his mother, D. He did, however, have a legitimate daughter, the claimant, Mrs Leigh Cowderoy, (C) who inherited his estate. Relations between C and R were strained and there was very little contact between C and D because of this although ...