Continue reading "Wills: Crossing a line"
Wills: Crossing a line
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The claimant was a friend and business colleague of Philip Hopkins, and the executor and main beneficiary under Mr Hopkins’ will dated 6 June 2014. The will draftsman, a partner in a law firm, attended Mr Hopkins at his home with two members of the firm’s staff who witnessed his signature. During the execution of the will, she noticed that Mr Hopkins was unwell and later that day he was readmitted into hospital. He died ten days later on 19 August 2014, having been diagnosed with unspecified alcoholic liver damage.
The claimant brought a claim to prove the validity of the 2014 wil...
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Continue reading "Wills: Crossing a line"
Kenneth William Jordan (Mr Jordan) died on 4 August 2012 leaving a wife (from whom he was estranged) and two adult children. The claimant was Mr Jordan’s partner during the last years of his life and the first defendant was his daughter from a relationship that predated his marriage. He had previously made a will giving pecuniary legacies to the first defendant and two of his sisters with the residuary estate passing to the claimant. Subsequently, in January 2012, Mr Jordan gave instructions to Mr Mumford (who was his brother-in-law), a solicitor with the firm Melia Mumford, to make a ne...
Continue reading "Testamentary Capacity: Facing the facts"
June Margaret Fairbrother (deceased) lived at 12 Kingcroft Road, Harpenden (property) with a number of cats and dogs, of which she was very fond, as she had no children. It was common knowledge within her family that she intended to leave her estate to animal charities which she supported. By a will dated 20 March 1998 (last will) the deceased left her residuary estate to seven such charities (charities). The claimant, who was a nephew, came to live with the deceased, when she was 78 years old, in the summer of 2007. The arrangement was that he would care for his aunt in return for a hom...
Continue reading "Testamentary Capacity: Banking on Banks v Goodfellow"
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:
Continue reading "Testamentary Capacity: Satisfying Banks v Goodfellow"
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:
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