Dorey & ors v Ashton [2024] WTLR 121

Wills & Trusts Law Reports | Spring 2024 #194

The plaintiffs were three of the four children of the deceased, who died in 2015. They contended that the deceased lacked capacity when making wills in 2004. Instructions for the wills had been taken by the defendant, who had prepared them and supervised their execution. Had the wills not been made, the deceased’s estate would have passed to the plaintiffs and their sibling, subject to a life interest in realty for the deceased’s widow; the effect of the wills was to confer on the widow additional benefits. Following the death of the deceased, the plaintiffs and their sibling challenged ...

Testamentary Capacity: Eccentricity allowed

Ailsa Moorhouse sets out a case that upholds a person’s right to leave their assets to whoever they choose ‘For the estimated one third to one half of the adult population in England and Wales who have made wills, the case of The Vegetarian Society is important, being, as it is, up-to-date evidence and reassurance …
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Feltham v Bouskell [2013] EWHC 1952(Ch)

Wills & Trusts Law Reports | October 2013 #133

The defendant firm of solicitors had acted for Hazel Charlton (testatrix) of 12 Cecilia Road, Leicester, in relation to a will that she had made on 14 May 1998 (1998 will). The testatrix, who had been previously married twice, had spent the last 20 years with her partner, John Fishbein, latterly living in his house at Barton on Sea. Apart from Mr Fishbein, the residuary beneficiaries of the 1998 will were respectively the testatrix’s cousin, Mrs Atkinson, and friend, Dr Bhangoo. The claimant, who was a step-granddaughter of the testatrix by her second husband, was not a beneficiary...

Wills: Has the golden rule lost its lustre?

Charles Holbech reviews the importance of a medical opinion for the aged or infirm testator ‘Even though the golden rule may not, on close examination, be a golden rule, it does not follow that solicitors would be to safe to disregard it: they should be aware of the risk of a negligence claim should they …
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