Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 – legislation.gov.uk
Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 published
Source: www.legislation.gov.uk
Category: intestacy
Millburn-Snell and others v Evans – WLR Daily
Millburn-Snell and others v Evans [2011] EWCA Civ 577; [2011] WLR (D) 179
“To bring a claim on behalf of an intestate’s estate a claimant should first obtain a grant of administration as a claim purportedly brought by a claimant without a grant of administration was an incurable nullity. CPR r 19.8(1) did not confer on the court jurisdiction to correct deficiencies in the manner in which proceedings had been instituted. It was concerned only with directions for the forward prosecution towards trial of validly instituted proceedings.”
WLR Daily, 25th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Lane v Cullens Solicitors and others – WLR Daily
Lane v Cullens Solicitors and others [2011] EWCA Civ 547; [2011] WLR (D) 157
“Where a personal representative had distributed sums out of the relevant estate notwithstanding a notified third party claim against the estate, and sought to sue solicitors in professional negligence, the applicable limitation period could be found to run from the time at which the legal position had altered, viz upon payment out, regardless of the question whether the third party claim was correctly to be characterised as a vested or a contingent claim.”
WLR Daily, 11th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed
Outdated laws lead to rise in court disputes over legacies – The Independent
“Outdated laws and complex modern family structures are combining to cause a sharp jump in the number of inheritance disputes reaching the courts.”
The Independent, 17th January 2010
Source: www.independent.co.uk
Intestacy and Family Provision Claims on Death – Law Commission
“On 29 October 2009 we published a Consultation Paper reviewing the law of intestacy and family provision claims on death. The intestacy rules govern the inheritance of assets where a person dies without leaving a will disposing of the whole of his or her property. Whether or not the deceased left a valid will, certain family members and dependants may apply to court for reasonable financial provision from the estate, under the Inheritance (Provision for Family and Dependants) Act 1975 – this is known as a claim for family provision.”
Law Commission, 29th October 2009
Source: www.lawcom.gov.uk
Thorner v Major and others – WLR Daily
Thorner v Major and others [2009] UKHL 18; [2009] WLR (D) 111
“Oblique assurances by a farmer of an intention to leave a farm to a cousin, who had worked full-time without any remuneration on the farm for 29 years, could constitute a sufficiently clear and unequivocal representation to establish a proprietary estoppel when the farmer ultimately died intestate.”
WLR Daily, 25th March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Thorner v Major and Others – Times Law Reports
House of Lords
“Oblique assurances could in the appropriate context constitute a sufficiently clear and unequivocal representation to establish a proprietary estoppel.”
The Times, 26th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Spouses and civil partners to receive more when partner dies without leaving a will – Ministry of Justice
“Married couples and civil partners whose spouse or civil partner dies without leaving a will are to benefit from an increase in the statutory legacy under proposals published by the government today.”
Ministry of Justice, 28th August 2008
Source: www.justice.gov.uk
Widow sues toddlers over £2.2m estate – Daily Telegraph
“A widow is suing her young children to get a fair share of her late husband’s estate after he died without leaving a will.”
Daily Telegraph, 1st July 2008
Source: www.telegraph.co.uk
Farmer who toiled for no pay wins £2.3m will – Daily Telegraph
“A farmer who toiled on his cousin’s land unpaid for more than two decades has won a two-year legal battle to inherit the £2.3 million estate.”
Daily Telegraph, 7th November 2007
Source: www.telegraph.co.uk
