Burns v Burns [2016] EWCA Civ 37
June 2016 #160On 21 May 2010 the deceased died, aged 89, leaving two sons: the appellant and the respondent. The respondent claimed pronouncement in solemn form of an alleged will of the deceased dated 26 July 2005, which divided the deceased’s estate equally between the appellant and the respondent. The appellant challenged the validity of the 2005 will on the basis that the deceased lacked testamentary capacity at the date of its purported execution and on the basis that the deceased did not know and approve of the contents of the same.
In September 2003 social services began to assist with t...
R v Hursthouse 2013 EWCA (Crim) 517
June 2013 #130On 28 October 2009 Susan Hursthouse (the appellant) pleaded guilty to an offence of fraud contrary to s1 of the Fraud Act 2006. The offence involved the forgery of the will of Henry Swinscoe (the testator). The appellant was accused along with her mother Jean Oldknow, who had previously been married to the testator. The testator died on 1 July 2008. He left a professionally drawn will dated 13 May 2004 by which he left everything to his then wife, Netta, or, in the event of her predeceasing him, which she did, his estate to be divided equally between the appellant and h...
Pankhania v Chandegra [2012] EWCA Civ 1438
January/February 2013 #126The claimant appealed from the decision of Judge Charles Harris QC to dismiss his claim seeking an order for sale of 7 Cossington Street, Leicester (the property) and the division of the sale proceeds in equal shares between him and the defendant. A declaration had been made by the judge that beneficial ownership of the property was vested solely in the defendant, despite the property having been conveyed into the joint names of the claimant and defendant. A simultaneous express declaration of trust had been made in the transfer declaring that the parties were to hold the property as ten...