Barrett v Hammond & ors [2021] WTLR 51
Wills & Trusts Law Reports | Spring 2021 #182Dr Robert Munroe Black (the ‘testator’) and his wife, Beatrice Maud Black, were a childless couple who made mirror wills dated 29 September 1998. These were professionally prepared by Lucas & Co, which was subsequently taken over by Simpson Millar. Subject to the payment of several pecuniary legacies, on the death of the survivor the wills directed the division of the residuary estate into 52 parts for the benefit of six named individuals as to six parts each and a number of charities as to two parts each.
The testator and his wife amended their wills by codicils dated 2 Augus...
Re LMS [2020] WTLR 1345
Wills & Trusts Law Reports | Winter 2020 #181The applicant was the mother and an attorney of LMS, a 21 year old who had been assessed on 11 July 2020 as lacking capacity to make financial decisions. LMS’s grandfather had died, having made a will under which 30% of his residuary estate was held in trust for LMS contingently on attaining the age of 25. LMS was in receipt of a means-tested benefit, Employment and Support Allowance, and her placement in a specialist residential college was funded by the local authority, the residential component of which was also means tested. Her right to receive those means-tested benefits would ceas...
Gledhill & anr v Arnold [2015] EWHC 2939 (CH)
Wills & Trusts Law Reports | May 2016 #159By clause 3 of his will dated 19 August 2011 (2011 will) Eric Arnold (estator) gave his beneficial half share of 1 Sherbuttgate Road, Pocklington (house fund) to the claimants (trustees) upon trusts that conferred a life interest on the defendant with remainder ‘upon the trust hereinafter declared in regard to my residuary estate’. The residuary estate was given to the defendant in absolute terms with a gift over, if she failed to survive the testator, to such of her children and her daughter in law as should be living at his death and if more than one in equal shares absolutely...
Joshi & ors v Mahida [2013] EWHC 486 (Ch)
Wills & Trusts Law Reports | June 2013 #130Kiritkumar Mahendersinh Mahida (testator) and his wife, the defendant, owned (inter alia) freehold property at 148-152 Leytonstone Road London as beneficial joint tenants. They were, however, separated when the testator made his last will (will) on 17 July 2002. After appointing the first and second claimants his executors and trustees, the testator gave certain property to his brother, the third claimant, and his three sons, the fourth to sixth claimants. In particular, by clause 3(c) he gave them an interest in the property at Leytonstone Road, but unfortunately expressed the ...
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...