Simon v Byford & ors [2014] EWCA Civ 280

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

The appeal dealt with the issue of whether the late Constance Simon (1) had testamentary capacity and (2) knew and approved her will she executed at or immediately after her 88th birthday party on 18 December 2005. The judge below answered the questions in the affirmative, on of Mrs Simon’s sons, Robert Simon appealed.

Mrs Simon had originally had four children, who each owned 24.99% of the shareholding in a family company. Mrs Simon owned the other 0.04% of the shares. Robert was the managing director. Her sons Hilary and Johnathan did not play a part in the business. Davi...

Markou & anr v Goodwin & ors [2013] EWHC 4570 (Ch)

Wills & Trusts Law Reports | May 2014 #139

Mrs Eileen Rand died on 4 November 2007 aged 79 having executed two wills during her lifetime – one dated 20 June 2007 and the other 18 December 1969.

Mrs Rand had two siblings – Horace (known as Bill) and Derek. Bill married twice, the second time to Mrs Rand’s best friend since school Lillian (known as Pat).

In 1967 at the age of 38 Mrs Rand married for the first and only time to Edward Rand (known as Ted). Ted was already a widower and much older than Mrs Rand. Ted died after 18 months of marriage and left his entire estate including the martial home to Mrs Rand. Ted had...

In the estate of Constance Rose Simon; Simon v Byford & ors [2013] EWHC 1490 (Ch)

Wills & Trusts Law Reports | November 2013 #134

Mrs Constance Rose Simon died on 15 January 2009 at the age of 91. She was the widow of Mr R W Simon, with whom she had four children: namely Jonathan, Robert, Hilary and David. David predeceased his mother on 1 November 2004.

Mrs Simon’s estate consisted of her house in St John’s Wood, London (valued at £1.75m), a flat in Westcliffe on Sea (valued at £262,500), savings and shares (worth £55,000), some land in Malta and 16 shares in R W Simon Ltd (the company).

By Mrs Simon’s will dated 23 March 1978, she had left her entire estate to her four children i...

Barrett v Bem & ors [2012] EWCA Civ 52

Wills & Trusts Law Reports | May 2012 #119

Martin Lavin (the testator) died on 11 January 2004 in Hammersmith Hospital leaving a will in which he left everything to his sister Anne Liston whom he also appointed executor (the will). Anne died on 04 November 2004 having obtained probate of the will in June 2004. Her daughter, Hanora Bem was appointed her executor. Hanora wrote out the will at Hammersmith Hospital on the day of the testator’s death. The testator was alleged to have signed the will at approximately 3.30pm on the date of his death. It was purportedly witnessed by two staff nurses.

In May 2007, proceedings were ...

Wills: Has the golden rule lost its lustre?

Charles Holbech reviews the importance of a medical opinion for the aged or infirm testator ‘Even though the golden rule may not, on close examination, be a golden rule, it does not follow that solicitors would be to safe to disregard it: they should be aware of the risk of a negligence claim should they …
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Cowderoy v Cranfield [2011] EWHC 1616 (Ch)

Wills & Trusts Law Reports | December 2011 #115

Mrs Blofield (D) was in her 80’s and owned her own home worth around £140,000. Her only son (R) was an alcoholic and seriously ill. He moved into her house in 2002 and remained there until he died, intestate, on 5 August 2006. He had fathered several children. One was adopted and others taken into care but they paid no part in his life or that of his mother, D. He did, however, have a legitimate daughter, the claimant, Mrs Leigh Cowderoy, (C) who inherited his estate. Relations between C and R were strained and there was very little contact between C and D because of this although ...

Lifetime Gifts: The timing of execution

Singellos v Singellos marks an important extension of the Parker v Feldgate principle into lifetime gifts, explains Susi Dunn ‘The test for mental capacity to enter into a lifetime transaction is issue-specific: the degree of understanding required depends on the nature and complexity of the transaction in question.’In the summer of 2010, the High Court …
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