Winter & anr v Winter & anr [2024] WTLR 327
Wills & Trusts Law Reports | Spring 2024 #194The court was concerned with the claim of Richard and Adrian Winter to challenge the dispositions made by their father, Albert Winter, in his will dated 30 April 2015 (the 2015 will) which left the residue of his estate to their brother, Philip. The principal asset in Albert’s estate was his share in a market garden business operated by the family for many years, and since 1998 as a partnership between Albert, his late wife Brenda, the claimants and the first defendant. In January 2004 the partnership business was transferred to a company.
The claim was put on two principal bases....
McLean & ors v McLean [2023] WTLR 1495
Wills & Trusts Law Reports | Winter 2023 #193In 2017 a husband and wife executed mirror wills leaving their respective estates to the survivor and the residue to their four children in equal shares. In March 2019 the husband died and the wife inherited his estate. In August 2019 the wife executed a new will leaving her entire estate to one son, the defendant in the proceedings. She died 11 days afterwards. The three remaining children argued that the 2017 wills were mutual and that the wife’s estate was therefore held on trust for them equally. They relied on a conversation between the husband and wife and their solicitor where, in...