Edward Hicks explores the implications of Re Catling [2014] ‘The Ministry of Justice has recently rejected regulation of the will-writing sector. This case is an illustration of the potential disastrous consequences of allowing unregulated so-called “professionals” to act in this sector.’ In 2005 Mrs Catling was an elderly widow. She had eight children. She was …
Continue reading "Wills: A will writer’s work of fiction"
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Wills & Trusts Law Reports | July/August 2014 #141This was the trial of a probate action relating to the estate of the late Mrs Joyce Beech Catling (Mrs Catling). She was married to Arthur Joseph Catling (Mr Catling) and they had eight children. The first defendant was the youngest child. The claimants, the seven older children, seek probate in solemn form of her will dated 23 August 2004 (the 2004 will) and codicil dated 2 November 2005 (the 2005 codicil) and say that the court should pronounce against a later will dated 11 May 2007 (the 2007 will), on the ground that Mrs Catling no longer had testamentary capacity and/or did not know ...
Siân Hodgson finds Pinnock v Rochester settles the question of whether a 1975 claim excludes a further claim challenging the validity of the will ‘In principle, if a claim has already been pursued by a claimant under the 1975 Act and has been successful, that claimant is not necessarily precluded from bringing subsequent proceedings to …
Continue reading "Wills: Reserving the right"
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The Court of Appeal decision in Burgess v Hawes has muddied the waters on capacity, and want of knowledge and approval. Martyn Frost explains why The importance of the experienced practitioner’s evidence is going to be determined by what they did and what they know of what they should be doing. The recent judgment from …
Continue reading "Wills: Code of practice needed?"
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