Continue reading "Costs: Action not to be taken lightly"
Testamentary intentions: Presuming too much
Continue reading "Testamentary intentions: Presuming too much"
Will validity: Losing face
Continue reading "Will validity: Losing face"
Re Clitheroe [2021] WTLR 449
Wills & Trusts Law Reports | Summer 2021 #183The claimant (C) and the defendant (D) were the surviving children of the deceased. Her other child, E, had died of cancer without children. Although the deceased had been close to D and D’s daughter, this changed after a disagreement between D and the deceased about E’s medication, when the deceased threatened that she would not forgive or speak to D again. The Deputy Master found that D was not responsible for the estrangement and that the deceased had irrationally maintained that it was D who cut her out rather than the other way around. E’s death had a profound effe...
Goss-Custard & anr v Templeman & ors [2020] WTLR 441
Wills & Trusts Law Reports | Summer 2020 #179Lord Templeman, who was a former member of the Judicial Committee of the House of Lords, was the father of the second and third defendants and the father-in-law of the first defendant. In 1996 he was remarried to a distant cousin, Sheila Edworthy, and moved home to live with her in a property called Mellowstone, Exeter, which she had inherited from her second husband, John Edworthy. Following his second marriage, Lord Templeman became very much part of his wife’s family and developed close bonds with her step-daughters, the claimants. On 3 December 2004 Lord Templeman and his wife made c...
Todd v Parsons & ors [2020] WTLR 305
Wills & Trusts Law Reports | Spring 2020 #178T 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...
Probate: Promises, promises
Continue reading "Probate: Promises, promises"
Wills: A risky business
Continue reading "Wills: A risky business"