Rea v Rea & ors [2024] WTLR 701
Wills & Trusts Law Reports | Summer 2024 #195Anna Rea had made wills dated 29 May 1986 (the 1986 will) and 7 December 2015 (the 2015 will).
At first instance, Anna’s daughter (the appellant) claimed to propound the 2015 will in solemn form. Her brothers (the respondents) counterclaimed to set aside the 2015 will, alleging lack of testamentary capacity, want of knowledge and approval, undue influence, and fraudulent calumny. They sought to propound the 1986 will.
The claim had previously been tried and then appealed, ultimately to the Court of Appeal, where a retrial was ordered.
On the retrial, HHJ Hodge KC fou...
Heer v Singha [2016] EWCA Civ 424
Wills & Trusts Law Reports | September 2016 #162This was an appeal against a declaration that H held only 50 per cent of the beneficial interest in the property. The property was registered in the name of S, the former husband of the respondent.
H and S were childhood friends who had formed a partnership for acquiring properties together in around 1998. H claimed that in 2001 he and S had agreed that H would provide funds to S to aid S to purchase the property, to be repaid within five years. The legal ownership was to be in S’s name only but H was to be the sole beneficial owner until he was repaid in full. Two documents...