Case: Hawes v Burgess & anor [2013] EWCA Civ 74; [2013] WTLR 453 CA

The Vegetarian Society v Scott [2013] EWHC 4097 (Ch)

This was a contentious probate action against all five of the wills of a schizophrenic testator. While he had benefitted from a stable and conventional childhood, the deceased had sustained serious injuries at the age of nineteen in a serious bicycle accident. He soon after succumbed to the symptoms of severe schizophrenia and logical thought disorder, from which he suffered for the remainder of his lifetime. His modes of living were unconventional. He lived alone on the fringes of society, and despite his considerable wealth, he lived in basic, if not squalid conditions. While it was ac...

Re Stolkin; Greaves v Stolkin [2013] EWHC 1140 (Ch)

The deceased testator, Leslie Stolkin, (T) had two sons from his marriage, the defendant Gary (G) and Mark (M). T divorced their mother in 1989. In September 1997 Pauline Greaves the claimant, (P), also divorced, moved in with T as cohabitant and became financially dependent on him. In 2001, T executed a will effectively leaving his entire estate to G, and also naming him as sole executor and trustee unless he died before T in which case M, a successful and wealthy businessman, would inherit . The will made no provision for P, but T left some notes directing that she was to receive regul...

In the estate of Constance Rose Simon; Simon v Byford & ors [2013] EWHC 1490 (Ch)

Mrs Constance Rose Simon died on 15 January 2009 at the age of 91. She was the widow of Mr R W Simon, with whom she had four children: namely Jonathan, Robert, Hilary and David. David predeceased his mother on 1 November 2004.

Mrs Simon’s estate consisted of her house in St John’s Wood, London (valued at £1.75m), a flat in Westcliffe on Sea (valued at £262,500), savings and shares (worth £55,000), some land in Malta and 16 shares in R W Simon Ltd (the company).

By Mrs Simon’s will dated 23 March 1978, she had left her entire estate to her four children i...

Re Ashkettle [2013] EWHC 2125 (Ch)

Mrs 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:

1. (i) the will was not properly executed;
2. (ii) the testatrix lacked testamentary capacity at its execution;
3. (iii) the testatrix did not know and approve the contents of the will; and
4. (iv) if their assertions at (ii)...

Feltham v Bouskell [2013] EWHC 1952(Ch)

The defendant firm of solicitors had acted for Hazel Charlton (testatrix) of 12 Cecilia Road, Leicester, in relation to a will that she had made on 14 May 1998 (1998 will). The testatrix, who had been previously married twice, had spent the last 20 years with her partner, John Fishbein, latterly living in his house at Barton on Sea. Apart from Mr Fishbein, the residuary beneficiaries of the 1998 will were respectively the testatrix’s cousin, Mrs Atkinson, and friend, Dr Bhangoo. The claimant, who was a step-granddaughter of the testatrix by her second husband, was not a beneficiary...