Wills – Law Journals

Will disputes: The recalcitrant executor

Barny Croft and Louise Corfield consider Pegler v McDonald, the case that has something for everyone The court deemed that its findings added up to a ‘comprehensive disqualification for [the defendant’s] being concerned in the fiduciary administration of assets for the benefit of other people’. If you have not read the case of Pegler v …

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Wills: The public interest – whose view counts?

Natasha Dzameh explores the Court of Appeal’s decision on the will of His late Royal Highness Prince Philip The principle of open justice could be derogated from only in exceptional circumstances and these were such circumstances. Following the death of His Royal Highness Prince Philip the spotlight was shone on the practice of sealing royal …

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Proprietary estoppel: Satisfying the equity

Mark Pawlowski looks at the proper approach to granting relief under the doctrine of proprietary estoppel Proportionality lies at the heart of the doctrine of proprietary estoppel and permeates its every application. In particular, there must be a proportionality between the remedy and the detriment which is its purpose to avoid. The Supreme Court in …

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Wills: To charge or not to charge?

Da Silva v Heselton provides welcome clarity on the circumstances in which executors can charge for their services. Lesley Harrison reports It makes no obvious sense for the estate to pay an executor for work that they carry out in which they have no relevant professional skill or business experience. In the case of Da …

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Wills: Proving missing wills

The testimony of parties who have nothing to gain from proceedings can help to prove a will. Katie Alsop highlights practical points for contentious probate practitioners arising from a recent case Not only is this case a useful reminder for practitioners to reacquaint themselves with the detail of s9 of the Wills Act 1837, in …

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Testamentary capacity: Stick to the rules

Pauline Lyons discusses a case that outlines the importance of following procedure when will drafting When scrutinised and tested by the court in the course of Gavin Boast’s validity claim, the evidence showed that the will could not be upheld within the realms of the Banks v Goodfellow test and was accordingly set aside. The …

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Musings from Manchester: What factors the court will consider when a will is disputed

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A critical aspect of knowledge is not what you know, but where to look for it. Geoffrey Shindler explains how approaches to information management have changed for the trust and estate practitioner What I thought, and still do think, is important is to know where I can find the answers to the questions that arise. …

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Wills: The effect of joint tenancies

Kieran Forsyth reviews a case that demonstrates the importance of obtaining a notice of severance of a joint tenancy and filing it at the Land Registry Dunbabin is notable for the fact that it demonstrates that the execution of mirror wills can be sufficient to sever a beneficial joint tenancy, even if those wills are …

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Wills: High Court rules against multimillionaire’s 2014 will

Documentary records were critical in establishing lack of knowledge and consent in a high-value judgment over an illiterate settlor’s will. Kevin Modiri discusses One would expect that if after just two years, a testator made a significant change to their will that cut out three residuary beneficiaries who together stood to inherit over £46m, a …

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Wills: Documentary evidence trumps witness testimony

Oliver Auld and Lydia Kember examine the inherent unreliability of witness testimony based on memory Solicitors will now be under a personal obligation to avoid producing witness statements that are over-lawyered or in any way present a narrative which does not match the witness’s own recollection. There is an inherent difficulty that many challenges to …

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