Morris v Fuirer & ors [2022] WTLR 659

Wills & Trusts Law Reports | Summer 2022 #187

The claimant, who was the only child of Cynthia Morris (the testatrix), was the principal beneficiary under her will dated 25 October 2000 but not under later wills made on 28 November 2006 and 14 July 2010 (the wills). The testatrix died on 7 August 2017. Under the terms of her last will, the second and third defendants were appointed as executors; pecuniary legacies were bequeathed to the claimant (£35,000), the first defendant (£70,000) and the fourth defendant (£10,000); and her residuary estate was gifted to the sixth to ninth defendants who were charities. The claimant first intima...

Knipe v The British Racing Drivers’ Motor Sport Charity & ors [2020] WTLR 1333

Wills & Trusts Law Reports | Winter 2020 #181

By clause 8 of his will the deceased gave the residue of his estate to four institutions in various shares, including a gift in clause 8(a) of a 50% share of his residuary estate to ‘the British Racing Drivers Club Benevolent Fund’ and in clause 8(d) of a 10% share to ‘the Cancer Research Fund’.

There was no institution with the name of the British Racing Drivers Club Benevolent Fund. The second defendant, the British Racing Drivers’ Club, was a well-known unincorporated association, but not a registered charity. The only benevolent fund administered by the second defendant was th...

Goss-Custard & anr v Templeman [2018] WTLR 893

Wills & Trusts Law Reports | Autumn 2018 #173

The late Lord Templeman (‘the deceased’) died on 4 June 2014 aged 94, leaving a will, dated 22 August 2008 (‘the 2008 Will’). The claimants commenced proceedings seeking an order pronouncing for the validity of the 2008 Will in solemn form. The 1st and 2nd defendants defended the claim on the basis that the deceased lacked testamentary capacity both when he gave his will instructions on 11 August 2008 and when the 2008 Will was executed. They counterclaimed for an order pronouncing for the validity of an earlier will, dated 25 April 2001 (‘the 2001 Will’) and a codicil to it, dated 3 Dec...