TA v The Public Guardian [2024] WTLR 1125
Wills & Trusts Law Reports | Autumn 2024 #196In January and April 2021, KA made lasting powers of attorney (LPAs) for property and affairs and health and welfare respectively, both appointing her daughter, the claimant, as her sole attorney. The certificate required under para 2(1)(e) of Sch 1 of the Mental Capacity Act 2005 was provided by X who was the claimant’s ex-mother-in-law and close family friend of KA. On investigation of the making of the LPAs, X stated that she had asked KA if she was happy with the LPAs and KA had not expressed any wishes as to who she wanted to be her attorneys or how they should act. Investi...
Wilson v Lassman [2018] WTLR 1577
Wills & Trusts Law Reports | Winter 2018 #170The claimant sought an order pronouncing against the will of his late father Gerald Wilson (the ‘deceased’) dated 9 October 2010, and revoking the grant of probate obtained by the defendant, as executor and sole beneficiary. The claimant contended that the will was not validly executed in compliance with s9 of the Wills Act 1837 (the ‘1837 Act’).
The will had been written, in manuscript by the deceased on a will form and was purportedly attested by two witnesses, Mr Byrne and Mr McKinley. It contained a proper attestation clause. It was not disputed that...
Marley v Rawlings & anr [2014] WTLR 299
Wills & Trusts Law Reports | March 2014 #137Mr Alfred Rawlings and his wife Maureen Rawlings instructed a solicitor to draft their wills in mirror form. Each spouse intended to leave his or her entire estate to the survivor of them, but provided that, should the other have predeceased or survived them for less than a month, their estates should be left to the appellant, who was not related to them but whom they treated as their son. Mr and Mrs Rawlings’ solicitor attended them on 17 May 1999 to enable a due execution of draft wills containing these provisions. By an oversight, their solicitor gave each spouse the other’s draft wil...
Marley v Rawlings & anr [2012] WTLR 639
Wills & Trusts Law Reports | May 2012 #119Alfred Thomas Rawlings (H) and Maureen Catherine Rawlings (W) were husband and wife who, on 17 May 1999, signed mirror wills leaving their entire estate to each other or, if the other failed to survive, to the appellant who was treated as their son. The respondents, who were their natural sons, were excluded but stood to benefit on intestacy if the wills were invalid. In the event, by mistake H signed W’s will and W signed H’s will but the error was not noticed then, or on the death of W. It was only noticed after the death of H in August 2006 when a dispute arose as to whether the estat...