Wills: One step, two step…

Araba Taylor examines Re Butcher [2015], a case that puts the principles of Gill v Woodall into practice ‘The single test comes into its own where the court has enough facts, expert opinions and other evidence to enable it to make findings as to how the will was prepared and/or executed.’ Before the CA decision …
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Re Stolkin; Greaves v Stolkin [2013] EWHC 1140 (Ch)

Wills & Trusts Law Reports | December 2013 #135

The 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...

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...

Jeffery v Jeffery [2013] EWHC 1942 (Ch)

Wills & Trusts Law Reports | November 2013 #134

This was a retrial. The original trial in November 2012 was conducted in the absence of the defendant Andrew Jeffrey.

Daphne Jeffrey died in February 2010, aged 76, having divorced her husband David ten days before her death. She had two children – Nicholas and Andrew. She made a will in 2007 appointing Nicholas and Christopher Eyre (a friend left nothing in the will) as her executors and leaving her estate between Nicholas and Andrew’s three children. Prior to that she had made wills in 1982, 2002 and 2004. In 2008 she gifted two properties to Nicholas.

David and Daphne se...

Schrader v Schrader [2013] EWHC 466 (Ch)

Wills & Trusts Law Reports | May 2013 #129

Jessica Schrader (the testatrix) died a widow aged 98. The testatrix’s two sons, the claimant (Nick) and the defendant (Bill), survived her.

By a will dated 1 October 1990 (the 1990 will), drafted by a firm of solicitors, the testatrix had made specific gifts of shares and savings bonds to her grandchildren and thereafter left her residue (on her husband having predeceased) to Nick and Bill in equal shares absolutely.

However, in or about May 2005, the testatrix suffered a fall and Nick moved into the testatrix’s property to act as her carer. On 12 April 2006, a further wil...

Kell v Jones & ors

Wills & Trusts Law Reports | April 2013 #128

Mrs Joan Pittaway (the testatrix) made a will dated 15 December 2010 and died on 21 January 2011. Her will appointed Mr Kell as one of two executors.

Clause 4 of her will left pecuniary legacies to 15 named relatives and four charities (with £7500 in total left to charity). Clause 6 of the will left her residue to be paid ‘equally among such of the beneficiaries named in clause 4 as shall survive me and if more than one in equal shares’.

It was alleged that the testatrix wished her residue to be split only between family members and not the charities. The size...

Swapped Wills: Signing your life away

The Court of Appeal’s decision in Marley v Rawlings was the correct one, as Alexander Learmonth reports ‘The existing cases on s20 of the Administration of Justice Act 1982 have already taken rectification about as far as it should go; and there is no scope for using the section to correct other sorts of errors, …
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Will Drafting: Proceed with caution

Austin v Woodward clarifies the limits of ‘clerical error’ as a ground for rectification, as Michael O’Sullivan explains ‘Many cases of rectification are effectively uncontested because the solicitor draftsman and their insurers have an interest in the application succeeding.’ The case of Austin v Woodward & anor [2011] concerned an application for rectification of a …
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