James v Scudamore & ors [2023] WTLR 961

Wills & Trusts Law Reports | Autumn 2023 #192

The deceased died on 21 June 2010. His will, dated 6 March 1998, gave a life interest in the matrimonial home to his second wife, with remainders to the claimant and his brother, who were children of the deceased’s first marriage. A codicil, dated 26 December 2002, replaced the life interest with an absolute gift to the second wife. The deceased’s second wife obtained probate, relying on a copy of the codicil as the original could not be found, and administered the estate. The second wife made a will by which 70% of her residuary estate went to her sister, and 30% to the claimant’s three...

McElroy v McElroy [2023] WTLR 647

Wills & Trusts Law Reports | Summer 2023 #191

On 18 February 2011, Ray McElroy passed away, survived by his wife of five months, Lynne, and his brother, Paul. Prior to his marriage to Lynne, Ray had made a will pursuant to which Paul was his sole beneficiary. After marrying Lynne, Ray did not execute a further will. On 24 August 2011, Lynne was granted letters of administration in respect of Ray’s estate, having sworn that Ray was domiciled in England and Wales and was intestate. Lynne proceeded to administer Ray’s estate and distribute the assets, including selling a property within the estate in part exchange for a new residence i...

Sheffield v Sheffield & ors [2013] EWHC 3927 (Ch)

Wills & Trusts Law Reports | July/August 2014 #141

John Vincent Sheffield (JVS) and his wife Ann Sheffield bought 1,000 acres of land in Hampshire in 1968 as tenants in common, with JVS owning 25% and Ann 75% (the 1968 settlement). The land included two farms, numerous residential properties and some shooting rights over adjoining land. Ann died in 1969 and left JVS a life interest in her estate and thereafter to their son Julian. In 1971 JVS married France (who predeceased him) and he lived on the estate until his death in May 2008.

In May 1976 JVS agreed a farming partnership of the farming land on the estate. JVS was entitled ...

Evans & ors v Lloyd & anr [2013] EWHC 1725 (Ch)

Wills & Trusts Law Reports | September 2013 #132

Wynne Evans (Wynne) died on 2 September 2006 at the age of 79. He had worked on a farm from the age of 14. The farm latterly belonged to the defendants, David Lloyd (David) and his wife Elizabeth Lloyd (Elizabeth). Previously it had belonged to David’s parents and grandparents.

There was an issue as to whether Wynne had died testate or intestate. The claimants argued he died intestate but the defendants argued that he died testate and that the will, of which David was residuary beneficiary, had been lost.

The first claimant Howell Evans (Howell) is Wynne’s sole ...

Cardigan v Moore & anr [2012] EWHC 1024 (Ch)

Wills & Trusts Law Reports | July/August 2012 #121

At the end of the 1940s, the Savernake Estate, which was the subject of these proceedings, was held by a company owned by the 7th and 8th Marquesses of Ailesbury. Between 1949 and 1951 the company was replaced by a partnership. There was a conveyance executed in 1951 by which the estate was conveyed to the Marquesses on trust for sale as part of their partnership. The partnership property also included the family collection of paintings and other chattels. By 1963, there was an agreement that the partnership would be carried on by the 8th Marquess, who had a 51% share, and the trustees f...