Wills & Trusts Law Reports | December 2014 #145Wedad Tadros (the deceased), a Dutch national, died on 26 October 2006 leaving a number of wills in several jurisdictions. The wills forming the basis of these proceedings were an English will dated 13 September 2010 but purportedly signed on 14 May 2011, and a Dutch will dated 27 May 2011 which created a foundation to benefit orphans (the foundation). The foundation was formally set up on 6 November 2013 under Dutch law. Both wills were drafted as though the deceased’s husband were alive at the time, although he had died on 23 September 2010. There were concerns over the validity of the...
Edward Rowntree gives an update on Morris v Davies A will shall be treated as properly executed if its execution conformed to the internal law in force in the territory where it was executed or in the territory where, at the time of its execution or of the testator’s death, he was domiciled. or had …
Continue reading "Costs: The final say on domicile and costs"
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Morris v Davies is a reminder of the rules governing probate, domicile and anti-suit injunctions, as Edward Rowntree sets out ‘Any injunction prohibiting a claimant from bringing an action before a foreign court is regarded as constituting an unacceptable interference with the jurisdiction of the foreign court and, as such, is incompatible with the system …
Continue reading "Probate: Family politics?"
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Richard Power and Louise Trotter examine the response of the European Commission and the English Courts to West Tankers ‘The effect of West Tankers is that the courts of the arbitral seat are precluded from issuing an anti-suit injunction restraining proceedings being pursued in another member state.’ The European Commission (the Commission) has published a …
Continue reading "Arbitration: Turning the tanker around"
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Andrew Waters highlights the lessons to be learned from RBS v Hicks & Gillett ‘Where an interim injunction is to be mandatory in effect, more stringent conditions are applied by the court because the risk of harm to the innocent party, should the injunction be wrongly granted, is considered to be greater than if the …
Continue reading "Injunctions: Liverpool FC: own goal?"
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