Marley v Rawlings [2011] WTLR 595 ChD; [2012] WTLR 639 CA; [2014] WTLR 299 SC; [2014] WTLR 1511 SC (costs) – Page 2 – Law Journals

Wills: The law of unintended consequences

Using standard wording for survivorship clauses in mirror wills can lead to errors. Tim Adams and Scott Taylor examine the High Court’s current approach to will-drafting mistakes ‘The ordinary and natural meaning of the survivorship clause is that anyone who is named in the will must survive the testator by 28 days in order to …

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Jurisdiction: A question of construction

Kathryn Purkis examines the meaning of ‘United Kingdom’ in wills and trusts documents ‘Not every case in which the phrase “United Kingdom” is used inappositely will be able to be dealt with by arguments of construction.’In The Royal Society v Robinson [2015], Nugee J had to construe the following provision in a will made in …

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Wills: At your disposal?

John Dickinson and Natasha Dzameh look at the circumstances in which a disposition to an executor constitutes an absolute gift ‘Mr Justice Newey therefore concluded that the will constituted an absolute gift to the executor and there was no impermissible delegation of the deceased’s testamentary powers.’ Practitioners contending with wills and probate matters are fully …

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Trusts: Breaking the blank

In Ong v Ping the court considered a trust where the property held had not been identified. Oliver Hilton explains ‘Where the parties’ intention can be clearly and sufficiently ascertained from the available material and circumstances, the court will not be hamstrung by mere formalities, and will rarely hesitate in finding a way to give …

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Joint Tenancies: Presumed missing

Sarah Playforth discusses Chadda v HMRC, which shed light on the level of evidence needed to show that there has been a severance ‘Mr Chadda’s evidence was that Mr Tobin had signed it first. The court said that this simply did not matter. There is no requirement under s36 for the notice to be signed …

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Book Review: It’s not all academic

Mark Feeny reviews the 33rd edition of the classic Snell’s Equity As a seasoned campaigner, now into my fourth decade of trust practice, I imagine that a lot of what I do on a daily basis is guided by instinct. That instinct has been honed by learning from the many mistakes which lie in wait …

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Wills: How big is my nil rate band?

The Woodland Trust v Loring [2014] demonstrates the importance of determining the testator’s exact intentions. Marilyn McKeever explains ‘As most practitioners do not possess a fully functioning crystal ball it would be prudent to discuss with a testator what their intentions are in general terms in order to understand the “purposes and values” intended to …

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Trust And Probate Claims: Counting the cost

Alexander Learmonth examines the effect of the Supreme Court’s decision on the costs of the claim for rectification of a will in Marley v Rawlings [2014] ‘When advising clients contemplating the risks of litigation, litigators should continue to adopt a cautious approach; clients must be ready to negotiate in good faith, rather than relying on …

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Musings From Manchester: Taking a view

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Geoffrey Shindler is perplexed by divergent approaches in major judicial decisions ‘The solicitor got it wrong in Marley v Rawlings and the trustees got it wrong in many of the “Hastings-Bass” cases. So why in one set of cases are the judges prepared to be, shall we say, lenient and in the other cases strict?’Very …

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Book Review: A novel read

Alexander Learmonth weighs up the latest edition of Risk and Negligence in Wills, Estates, and Trusts Readers of this journal will have been eagerly awaiting the second edition of this excellent book. They will not be disappointed. The first edition stated the law as at 1 August 2008 and in this fast-moving area of the …

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