Continue reading "Equitable Interests: Showing an interest"
The testatrix Iris Wilson (Iris) made a will dated 31 August 2010 and died on 6 October 2010. Her will appointed the first defendant Mr Phythian as the sole executor and left her personal effects and the residue of her estate to the second defendant Mrs Phythian and the property known as North Lodge in Yalding Kent in equal shares to Mr and Mrs Phythian.
Mrs Lynda Turner (the claimant) the niece of Iris challenged the will on three grounds:
Continue reading "Proprietary Estoppel: Deal or no deal"
Mrs Clarke was the daughter of Mrs Meadus and Mr R Meadus, who owned a property known as Bonavista as joint tenants. Mr Meadus died in March 1995. Mrs Clarke alleged that prior to his death Mr Meadus expressed that he wanted Bonavista to remain in the family after he and his wife were dead. They wanted Mrs Clarke to live with Mrs Meadus, at Bonavista, for the remainder of her life and she would have Bonavista on Mrs Meadus’s death. Mrs Meadus asked Mrs Clarke and her husband to move in, which they did in September 1995, after allegedly receiving repeated promises that Mrs Meadus would le...
William Samuel Taylor (deceased) and his late wife lived in a large property, set in 15 acres of grounds, called Lower Manaton (property), near Callington in Cornwall. The deceased made a will in 1998 by which the defendants, who were his nephew and niece, were to be allowed to occupy the property for seven years after his death, on stated terms and conditions. At the same stage in late 2000 the deceased proposed that the defendants, who lived in Sheffield, should move to Cornwall and occupy part of the property with their two children. The first defendant favoured the idea; the second d...
Frank Edward Suggitt (Frank) died on 25 October 2009 leaving his entire estate (400 acres of farmland and several house) to his daughter Caroline. John, Frank’s son, was left nothing. Frank’s will, executed in 1997, expressed the wish (without creating a trust) that if at any time, in the opinion of Caroline, John showed himself capable of working and managing the farmland, that Caroline would transfer it to John.
The Suggitts had farmed in North Yorkshire for many generations. John was the youngest and only son. He had attended agricultural college at Frank’s expense, but left be...
Property, beneficial ownership
Case No: 1LS72368
The claimant was the brother of the deceased. She died intestate on 22 January 1997. The claimant became her personal representative pursuant to a grant of letters of administration made on 2 August 2000. The claimant was entitled to one third of the deceased’s estate there being two other stirpital branches of the family. One such branch was represented by the claimant’s brother. The claimant’s niece who was entitled to one sixth of the deceased’s estate intimated a claim that she was entitled to the deceased’s home. She did this in October 1998. The claimant, while being advised by sol...