Wills & Trusts Law Reports | June 2016 #160On 21 May 2010 the deceased died, aged 89, leaving two sons: the appellant and the respondent. The respondent claimed pronouncement in solemn form of an alleged will of the deceased dated 26 July 2005, which divided the deceased’s estate equally between the appellant and the respondent. The appellant challenged the validity of the 2005 will on the basis that the deceased lacked testamentary capacity at the date of its purported execution and on the basis that the deceased did not know and approve of the contents of the same.
In September 2003 social services began to assist with t...
Andrew Kelmanson provides a timely reminder of the law behind co-defendant costs orders ‘Claimants involved in multi-party litigation may apply to the courts to make discretionary costs orders in circumstances where a claimant succeeds against one or more defendants, but does not succeed against others.’ Alongside determining the liability of the parties to proceedings, courts …
Continue reading "Costs: Sharing the blame"
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