Kelly v Brennan & ors [2021] WTLR 613
Summer 2021 #183C was a brother of the deceased (PK). He was the executor of PK’s will and also a beneficiary. Ds were the adult children of PK’s sister. PK’s will divided the residue into ten equal shares (including a share for each of PK’s sister’s children). C brought a claim under s20 Administration of Justice Act 1982 (AJA 1982) for rectification of the will so that the residue would instead be divided into six equal shares (with one share being shared between PK’s sister’s children). The claim was opposed by D3 and D4.
PK ...
Ninian v Findlay & ors [2019] WTLR 645
Summer 2019 #175Mr and Mrs Ninian were married in 1983 when he was aged 49 and she was aged 28. They had a long and loving marriage but had no children or dependents. Thirty years later, when he was aged 80, Mr Ninian was diagnosed with a progressive incurable disease, Progressive Supra-nuclear Palsy. In about August 2016, without his wife’s knowledge or assistance, Mr Ninian contacted Dignitas as he had evidently decided to end his life before his disease entered the final stages. When he told his wife of his decision, she tried to dissuade him from going through with his plan. Mr Ninian was resolute i...