Jane Evans-Gordon discusses the quandaries that can arise on the disposal of a dead body ‘Bodies cannot be bought or sold, stolen, criminally damaged or, as was once tried, seized by creditors.’ Thomas Mann said that ‘It is a fact that a man’s dying is more the survivors’ affair than his own’.Regrettably, while the Lord …
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Morley-Clarke v Brooks & ors elucidates the court’s approach to the capitalisation of a life interest under an intestacy after the time limit has expired, as Fenner Moeran outlines ‘ Morley-Clarke v Brooks & ors [2011] covers the question of the position of a spouse where the marriage was voidable for reasons of capacity or …
Continue reading "Probate: From Russia with love"
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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 ...
Morris v Davies is a reminder of the rules governing probate, domicile and anti-suit injunctions, as Edward Rowntree sets out ‘Any injunction prohibiting a claimant from bringing an action before a foreign court is regarded as constituting an unacceptable interference with the jurisdiction of the foreign court and, as such, is incompatible with the system …
Continue reading "Probate: Family politics?"
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Grant Crawford analyses Shovelar v Lane, which provides a salutary lesson for executors confronted with hostile proceedings ‘The fact that a party will be financially worse off by accepting a Part 36 offer cannot mean that it would be unjust to apply the penalties set out in that rule; it will almost invariably be the …
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In the light of the Law Society’s recent practice note, Kirstie McGuigan considers what you should tell your client before being appointed as an executor ‘The 17 March 2011 practice note is not legally binding, but it provides a platform, and those solicitors who choose to ignore the guidance do so at their peril and …
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