Gowing & ors v Ward & anr [2024] WTLR 901

Wills & Trusts Law Reports | Autumn 2024 #196

The deceased died in 2020 at the age of 91. He had three children, one of whom had predeceased him in 2015. The defendants were the deceased’s surviving children, the personal representatives of the deceased’s estate, and the equal beneficiaries of the residuary estate pursuant to a will made in 2018. The claimants were the granddaughters of the deceased (the children of his predeceased son). A family rift opened in 2015 following the death of the deceased’s son. The claimants contended that:

  1. (a) the deceased lacked testamentary capacity;
  2. (b) he did not know and app...

Lumb v Lumb [2023] WTLR 1459

Wills & Trusts Law Reports | Winter 2023 #193

This was an appeal against the decision of Deputy District Judge Whitehead dated 13 December 2022, whereby he made no order as to costs but granted the claimant permission to appeal following his successful summary judgment application, by which the claimant had sought and obtained pronouncement in solemn form in favour of the validity of the will of his mother, Ina Margaret Lumb (deceased), and ancillary orders. The learned judge found that the usual costs rule that costs follow the event did not apply because it was displaced by CPR r57.7(5)(b) under which the court would not ...

McLean & ors v McLean [2023] WTLR 267

Wills & Trusts Law Reports | Spring 2023 #190

The claimants were all siblings and the biological children of Reginald McLean (Reginald), by his first marriage. The defendant was the biological child of Reginald and his second wife, Maureen (the deceased).

By mirror wills executed on 23 June 2017, Reginald and the deceased both left their estates to each other as survivors, and the residuary estate of the surviving spouse to the claimants and the defendant in equal shares (the 2017 wills). Following Reginald’s death, the deceased executed a new will on 16 August 2019 (the 2019 will) revoking her 2017 will and leaving her entir...

Boast v Ballardi & ors [2022] WTLR 1203

Wills & Trusts Law Reports | Winter 2022 #189

The claimant issued probate proceedings seeking orders pronouncing against the validity of a will dated 11 June 2013 and in favour of an earlier will dated 15 March 2006. The claimant was the sole executor under both wills, and the sole beneficiary of the earlier will. The later will gave rise to a partial intestacy of residue, under which the defendants were the beneficiaries.

The claimant issued probate proceedings challenging the 2013 will for lack of testamentary capacity. Four defendants had consented pre-action and one had acknowledged service, not contesting the claim. No o...