Archibald & anr v Stewart & anr [2024] WTLR 1

Wills & Trusts Law Reports | Spring 2024 #194

Rosemary and Malcolm were the adoptive parents of Neil and his younger brother Michael. Neil married Julie in 1999 and they had two children, who were young adults by the time of the hearing. Rosemary died on 10 June 2014 and Malcolm on 14 January 2021. Neil died on 25 June 2023 after proceedings had been issued.

Rosemary and Malcolm made wills in similar terms on 26 May 2009. Rosemary made a codicil dated 23 May 2014. Both left pecuniary legacies with the residue to be held under discretionary trusts for three classes of beneficiaries: a) the surviving spouse; b) their children a...

Contentious probate: Beyond the grave

Emma Collins provides a summary of case law developments regarding claims under the Inheritance (Provision for Family and Dependants) Act 1975 ‘The charities’ claim was not on a par with that of the claimant, but while the charities’ claim was not based on personal need, they depended heavily on testamentary bequests for their work.’ Family …
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