Wills & Trusts Law Reports | Spring 2024 #194The first claimant and her co-executors sought to propound a will which was resisted by the first to third defendants. In a previous judgment the Master had determined that the will was valid as to part but the gift of residue to the first claimant failed because the testator did not know and approve of that part in light of his illiteracy and the lack of proper explanation from the will draftsman. The result was that the testator’s home was held on trust for the first claimant’s occupation but the residuary estate passed on the statutory trusts of intestacy between the five defendants.<...
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 …
Continue reading "Trust And Probate Claims: Counting the cost"
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Grant Crawford analyses Shovelar v Lane, which provides a salutary lesson for executors confronted with hostile proceedings ‘The fact that a party will be financially worse off by accepting a Part 36 offer cannot mean that it would be unjust to apply the penalties set out in that rule; it will almost invariably be the …
Continue reading "Probate: Executors beware"
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