Siân Hodgson finds Pinnock v Rochester settles the question of whether a 1975 claim excludes a further claim challenging the validity of the will ‘In principle, if a claim has already been pursued by a claimant under the 1975 Act and has been successful, that claimant is not necessarily precluded from bringing subsequent proceedings to …
Continue reading "Wills: Reserving the right"
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Fox v Jewell gives an indication of the appropriate procedure practitioners should follow when dealing with a multi-stranded claim. Malcolm Warner reports ‘In cases where there are proprietary estoppel claims mixed in with testamentary capacity and some long running history, then the overall context may inform the court’s view on any particular way the claim …
Continue reading "Wills: Familiar farming saga"
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Low Ah Cheow v Ng Hock Guan reveals the risk of delegating will drafting without care in conveying the testator’s intentions. Nisha Singh examines the case ‘Where a particular interpretation that is ambiguous on its face leads to a result that is irrational or capricious, the court will prefer an alternative interpretation that leads to …
Continue reading "Wills: Record, document and explain"
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Wills & Trusts Law Reports | October 2013 #133The testatrix (W) was the second wife of the late Brian Taylor (H) and had two step sons, David (D) and Paul (P), the first and second defendants. She had a sister, Penny, who married the eighth defendant, Mr Bruce Peskin (B), and who had three children, the fifth to seventh defendants, Cindy, Andrew and Dominic (the 2008 beneficiaries). W and H visited Penny and B, until a few years before they died. They stopped doing so after B, who was in financial difficulties, repeatedly pressurised them to obtain financial assistance in relation to a property development and sale. As a result of t...
Wills & Trusts Law Reports | September 2013 #132The deceased, Phyllis Hart née Samways (W) died on 7 November 2008 aged 86. Her husband (H) had died in January 2005. They left three children, two sons, Kenneth (K) and Paul Hart (P) and a daughter Susan Burbidge (S), who all have children of their own. W had a twin sister (J) who died four weeks after her and three other surviving siblings: Arthur, Graham and Christine (the Samways). Some eight years before he died H wished to sell the family firm to one of his children, but only S and her husband (B) were prepared to take it over on his terms, which did not include the transfer of the...
Wills & Trusts Law Reports | September 2013 #132The claimant sought probate of a will of Dr Cecil Monk (the deceased) dated 5 December 2003 by which the deceased left his entire estate to the claimant. The claimant also sought, in so far as it was necessary, an order that the deceased’s later will of 19 January 2007 be pronounced against on grounds of a lack of testamentary capacity and/or a lack of knowledge and approval.
The defendant, who did not appear and was not represented, was formerly engaged in caring for the deceased. He was an employee of a care agency to whom the relevant local authority had contracted out the care...
David Schmitz considers whether the will must be present when a testator acknowledges their signature to witnesses ‘The existence of a perceived danger of substitution in some cases, and the desirability of reducing the need for oral evidence in consequent litigation, can justify the inference that the draftsman did intend to impose a requirement for …
Continue reading "Wills: An unresolved question"
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The Court of Appeal decision in Burgess v Hawes has muddied the waters on capacity, and want of knowledge and approval. Martyn Frost explains why The importance of the experienced practitioner’s evidence is going to be determined by what they did and what they know of what they should be doing. The recent judgment from …
Continue reading "Wills: Code of practice needed?"
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Lucy Edwards outlines the changes in the second edition of the STEP Standard Provisions A balance needed to be struck between the potential unfairness that may result from trustees being heavy-handed with their powers on the one hand, and the usefulness of having greater flexibility on the other. The following scenario will be familiar to …
Continue reading "Wills: A new standard"
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