Continue reading "Covenants: Benefit and scope"
Marley v Rawlings & anr [2014] WTLR 299
Wills & Trusts Law Reports | March 2014 #137Mr Alfred Rawlings and his wife Maureen Rawlings instructed a solicitor to draft their wills in mirror form. Each spouse intended to leave his or her entire estate to the survivor of them, but provided that, should the other have predeceased or survived them for less than a month, their estates should be left to the appellant, who was not related to them but whom they treated as their son. Mr and Mrs Rawlings’ solicitor attended them on 17 May 1999 to enable a due execution of draft wills containing these provisions. By an oversight, their solicitor gave each spouse the other’s draft wil...
Rainbird & anr v Smith & ors [2012] EWHC 4276 (Ch)
Wills & Trusts Law Reports | November 2013 #134Doreen Gertrude Leader (the deceased) executed a will leaving the residue of her estate to her three daughters on the following terms:
‘I give my estate (including any property over which I may have general power of appointment or disposition by will) to my trustees upon trust…
(c) subject thereto hold the residue remaining and the income thereof (“my residuary estate”) UPON TRUST for such of them my daughters, the said JACQUELINE ANNE RAINBIRD JANET JONES of… and GWENDOLINE SMITH of… as shall survive me and if more than one in equal shares absolutely.’
J...
Guarantees: Satisfaction guaranteed?
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Contract: I can see clearly now… interpreting contracts post-Rainy Sky
Continue reading "Contract: I can see clearly now… interpreting contracts post-Rainy Sky"
Construction Of Contracts: Unfavourable bargains
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Conveyancing: A major change in the court’s approach
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Scarfe & anr v Matthews & ors Claim number: HC12C0096
Wills & Trusts Law Reports | November 2012 #124Bernard Trevor Matthews (testator) died on 25 November 2010 and was survived by the defendants, who were his son, longstanding partner and three adopted children respectively. His estate included a property in France called Villa Bolinha estimated at €15m and property elsewhere estimated at £40m. Although (as he was aware) French law only permitted the testator to leave the second defendant 25% of Villa Bolinha since his children were as of right entitled to 75%, he made a will in France (French will) leaving it to her absolutely. By a letter of wishes, he nevertheless hoped that his chi...
Contract: The only way is up?
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Land Charges: Selling repossessed land
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