Wills & Trusts Law Reports | January/February 2015 #146Lisa Jane Clay (the deceased) and the claimant lived together from about 2003. They had a child together named Joseph, who was six years old in April 2013. From January 2013, they lived at the property at 36 Lowlands Road, Lancashire (the property) which the claimant and the deceased held as joint tenants. The deceased made a will on 18 August 2008 under which the claimant was the sole residuary beneficiary. The net value of the estate was £79,098.87 of which £60,000 comprised the deceased’s interest in the property. The couple’s relationship was at all times entirely stable,...
Edward Hicks explores the implications of Re Catling [2014] ‘The Ministry of Justice has recently rejected regulation of the will-writing sector. This case is an illustration of the potential disastrous consequences of allowing unregulated so-called “professionals” to act in this sector.’ In 2005 Mrs Catling was an elderly widow. She had eight children. She was …
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Wills & Trusts Law Reports | October 2014 #143Lucian Freud (the deceased) achieved international recognition as an outstanding painter and draughtsman, and he acquired considerable wealth over the course of his long and successful life. His final will was dated 10 May 2006 (the 2006 will), superseding his previous will of 25 June 2004 (the 2004 will). Both wills were professionally drafted. His residuary estate, after payment of legacies and inheritance tax, was estimated at around £42m.
The claim was brought by the claimants under CPR Part 8 in their capacity as executrices of the deceased’s final will. The first cl...
Stuart Adams discusses the correct procedure for the safe custody and registration of wills ‘When a solicitor takes a will into safe custody they are required to make arrangements to ensure that it is securely stored until such time as it shall be needed.’ It is often said that a will is one of the …
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Wills & Trusts Law Reports | May 2014 #139Joseph Robson (the deceased) had two sons, the fourth and fifth defendants. When he retired in 1992, the deceased sold his residential property and moved to Spain. He did not own any property in the UK thereafter.
By a will dated 30 March 1995, the deceased left his Spanish estate to the fourth defendant absolutely. By a will dated 29 November 2006 (the 2006 will), the deceased appointed the claimant as his executor and left his residuary estate outside Spain to the British National Party (the BNP). The deceased died on 21 March 2010 leaving a net English estate of approximately £...
Edward Hicks considers the implications of Re Devillebichot; Brennan v Prior [2013] for dealing with litigants-in-person ‘The general rule is that costs will follow the event. An executor is not bound to propound or defend a will; therefore to do so potentially exposes an executor to a costs risk if they fail.’ When Anthony (a …
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Wills & Trusts Law Reports | April 2014 #138This was a contentious probate action against all five of the wills of a schizophrenic testator. While he had benefitted from a stable and conventional childhood, the deceased had sustained serious injuries at the age of nineteen in a serious bicycle accident. He soon after succumbed to the symptoms of severe schizophrenia and logical thought disorder, from which he suffered for the remainder of his lifetime. His modes of living were unconventional. He lived alone on the fringes of society, and despite his considerable wealth, he lived in basic, if not squalid conditions. While it was ac...
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...
Siân Hodgson discusses the tactics employed in Tociapski v Tociapski ‘Tociapski v Tociapski may act as a warning to potential defendants who may be considering whether or not to actively take part in proceedings.’ Following a person’s death, there may be a dispute about whether that person’s last will is valid. Relatives or close friends …
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Wills & Trusts Law Reports | January/February 2014 #136John Pearce (Mr Pearce) died on 23 July 2008. His daughter, the claimant, challenged the validity of a will purportedly made by Mr Pearce on 20 June 2007 (the will) on grounds of lack of capacity and want of knowledge and approval, and also challenged a number of lifetime transactions said to be procured by the defendant’s undue influence.
Mr Pearce’s second marriage broke down in 2004 and he consequently became lonely and depressed. His health was generally deteriorating. He suffered from partial kidney failure, which was first noted in March 2005, and by 2006 from s...
