Walker & anr v Badmin & ors claim no HC121304229
Wills & Trusts Law Reports | April 2015 #148Elizabeth Jane Walker (Mrs Walker) was born on 25 March 1956. She married John Walker in 1981, and with him she had two daughters, Jennifer and Alison. In 2007, she left her husband and began to live with Michael Badmin (Mr Badmin).
On 20 June 2009, Mrs Walker was diagnosed with a terminal, malignant brain tumour. Following the prescription of medication, she began to suffer from symptoms of psychosis. However, her condition gradually improved, and she was discharged from hospital on 20 July 2009. Mrs Walker’s health begun to deteriorate in Autumn 2009. By October, she was bed-bou...
Catling & ors v Catling & anr [2014] EWHC 180 (Ch)
Wills & Trusts Law Reports | July/August 2014 #141This was the trial of a probate action relating to the estate of the late Mrs Joyce Beech Catling (Mrs Catling). She was married to Arthur Joseph Catling (Mr Catling) and they had eight children. The first defendant was the youngest child. The claimants, the seven older children, seek probate in solemn form of her will dated 23 August 2004 (the 2004 will) and codicil dated 2 November 2005 (the 2005 codicil) and say that the court should pronounce against a later will dated 11 May 2007 (the 2007 will), on the ground that Mrs Catling no longer had testamentary capacity and/or did not know ...
Markou & anr v Goodwin & ors [2013] EWHC 4570 (Ch)
Wills & Trusts Law Reports | May 2014 #139Mrs 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...
Pearce v Beverley [2013] EWHC 2627 (Ch)
Wills & Trusts Law Reports | January/February 2014 #136John Pearce (Mr Pearce) died on 23 July 2008. His daughter, the claimant, challenged the validity of a will purportedly made by Mr Pearce on 20 June 2007 (the will) on grounds of lack of capacity and want of knowledge and approval, and also challenged a number of lifetime transactions said to be procured by the defendant’s undue influence.
Mr Pearce’s second marriage broke down in 2004 and he consequently became lonely and depressed. His health was generally deteriorating. He suffered from partial kidney failure, which was first noted in March 2005, and by 2006 from s...
Re Stolkin; Greaves v Stolkin [2013] EWHC 1140 (Ch)
Wills & Trusts Law Reports | December 2013 #135The deceased testator, Leslie Stolkin, (T) had two sons from his marriage, the defendant Gary (G) and Mark (M). T divorced their mother in 1989. In September 1997 Pauline Greaves the claimant, (P), also divorced, moved in with T as cohabitant and became financially dependent on him. In 2001, T executed a will effectively leaving his entire estate to G, and also naming him as sole executor and trustee unless he died before T in which case M, a successful and wealthy businessman, would inherit . The will made no provision for P, but T left some notes directing that she was to receive regul...
Paynter & anr v Hinch [2013] EWHC 13 (Ch)
Wills & Trusts Law Reports | April 2013 #128>The defendant (Frank) obtained probate of his late mother’s will dated 26 July 2004 (Abbie and the 2004 will). The 2004 will appointed Frank sole executor of Abbie’s estate, which was bequeathed to Frank absolutely.
The claimants (Stephen and Victoria), Abbie’s other surviving children, challenged the validity of the 2004 will on the ground that their mother did not know and approve its contents. They sought revocation of the grant of probate made to Frank and a grant in solemn form of a will dated 24 January 1999 (the 1999 will), by which Abbie’s re...