Philip Turton provides practical advice for claimants and defendants ‘In a case where the claimant has not issued proceedings in time, an appropriate paragraph in the defence identifying that fact, and pleading expressly that the claim is statute-barred by s11(4) of the Limitation Act 1980, should be enough to “get the ball into play”.’The expiry …
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Wills & Trusts Law Reports | January/February 2012 #116The claimants were default beneficiaries who, in the event, stood to benefit under the terms of the will of Albert Wiseman (testator) dated 25 November 1997. They and their mother, who were longstanding friends of the testator, visited him at his home after the death of his wife. However, their visits tailed off during the last years of his life and, at some stage after May 2006, a neighbour introduced the testator, then aged 84, to the third defendant who initially worked for him as a cleaner. There was a dispute of fact as to whether this occurred over three years or under three months...
Wills & Trusts Law Reports | December 2011 #115Mrs Blofield (D) was in her 80’s and owned her own home worth around £140,000. Her only son (R) was an alcoholic and seriously ill. He moved into her house in 2002 and remained there until he died, intestate, on 5 August 2006. He had fathered several children. One was adopted and others taken into care but they paid no part in his life or that of his mother, D. He did, however, have a legitimate daughter, the claimant, Mrs Leigh Cowderoy, (C) who inherited his estate. Relations between C and R were strained and there was very little contact between C and D because of this although ...
