Category: wills
Law Society urges people to leave instructions for their digital legacy – The Guardian
‘Solicitors organisation warns that too much valuable, intellectual property is in danger of being lost when we die.’
The Guardian, 16th April 2014
Source: www.guardian.co.uk
The Savile Estate Saga – Sovereign Chambers
‘Jimmy Savile died on 29 October 2011. The current value of his estate, after allowing for a range of expenses that have been incurred, was about £3.3 million. Jimmy Savile left a will. The executor of the will and Jimmy Savile’s personal representative was National Westminster Bank plc (“the Bank”). Various individuals were named in the will as beneficiaries (“the individual beneficiaries”). These included a small number of close relatives and friends, each of whom was given a relatively modest bequest. However, under the will, the bulk of the residue of Jimmy Savile’s estate was left to the Jimmy Savile Charitable Trust (“the Trust”). That Trust was intended to serve a number of very worthwhile and valid charitable causes, including Help for Heroes.’
Sovereign Chambers, 19th March 2014
Source: www.sovereignchambers.co.uk
Islamic law to be enshrined in British law as solicitors get guidelines on ‘Sharia compliant’ wills – The Independent
‘Islamic law is to be effectively enshrined in the British legal system for the first time under guidelines for solicitors on drawing up “Sharia compliant” wills.’
The Independent, 23rd March 2014
Source: www.independent.co.uk
Man forged mother’s signature to cut sister from will – Daily Telegraph
‘A man who accused his unemployed sister of waiting for their mother to die so she could cash in on her inheritance forged the signature on his parent’s will when she lay on her deathbed, a judge has ruled.’
Daily Telegraph, 13th March 2014
Source: www.telegraph.co.uk
Solicitor coroner struck off over £2m theft from clients to fund lavish lifestyle – Legal Futures
‘A Gloucestershire solicitor who also served as the county’s coroner has been struck off after taking nearly £2m from clients to fund an extravagant lifestyle.’
Legal Futures, 11th March 2014
Source: www.litigationfutures.com
Farmer’s daughter sues parents for slice of £7 million estate claiming she tended cows while sisters went dancing – Daily Telegraph
‘A dairy farmer’s daughter who claims she led a Cinderella existence tending the cows while her teenage siblings went dancing is suing her elderly parents for a share of their £7million estate.’
Daily Telegraph, 10th March 2014
Source: www.telegraph.co.uk
Ilott v Mitson [2014] EWHC 542- Appeal with caution – Zenith Chambers
‘On 3 March 2014 Mrs Justice Parker handed down judgment in the appeal on the issue of quantum in the case of Ilott v Mitson [2014] EWHC 542 (Fam). The case concerned an application for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”).’
Zenith Chambers, 6th March 2014
Source: www.zenithchambers.co.uk
In re Robson, decd; White v Matthys and others – WLR Daily
In re Robson, decd; White v Matthys and others [2014] WLR (D) 54
‘A residuary legatee’s chose in action was “property” for the purposes of the Political Parties, Elections and Referendums Act 2000. Therefore, where a person who was not a permissible donor left the residue of his estate to a registered political party, and that party received and accepted the gift, the prohibition on foreign donations in section 54 of the 2000 Act was breached.’
WLR Daily, 31st January 2014
Source: www.iclr.co.uk
Wills “mix-up” case – no reason for a flood of litigation – Halsbury’s Law Exchange
‘Would it be a fantasy too far to imagine that the ghost of the late Lord Denning has been whispering in the ears of their Lordships Neuberger, Clarke, Sumption, Carnwath and Hodge? Possibly not, given the Denning-esque outcome in the wills “mix-up” case of Marley v Rawlings and another. The facts of the case were simple. Mr and Mrs Rawlings wanted mirror wills leaving everything to each other and thereafter to Terry Marley who they treated as a son. On 17 May 1999 their solicitor visited them with drafted wills for the purpose of execution. However, Mr Rawlings executed Mrs Rawlings’ will and vice versa. Both wrongly executed wills were witnessed by their solicitor and a secretary. Each will correctly used such relevant words as “his”, “her”, “testator” and “testatrix”.’
Halsbury’s Law Exchange, 6th February 2014
Source: www.halsburyslawexchange.co.uk
Will writer Keith Webber guilty of stealing £280,000 from clients – BBC News
‘A will writer who stole more than £280,000 from clients over nearly three years has been found guilty of fraud.’
BBC News, 4th February 2014
Source: www.bbc.co.uk
Supreme Court rules will is valid despite admin error – Daily Telegraph
‘Alfred and Maureen Rawlings’ wills were contested after a clerical error saw them sign each other’s paperwork.’
Daily Telegraph, 23rd January 2014
Source: www.telegraph.co.uk
Marley v Rawlings and another – WLR Daily
Marley v Rawlings and another [2014] UKSC 2; [2014] WLR (D) 18
A will did not have to satisfy the requirements for formal validity prescribed by section 9 of the Wills Act 1837, as amended, or have the testator’s knowledge and approval before it could be treated as a “will” which was capable of being rectified under section 20 of the Administration of Justice Act 1982.
WLR Daily, 22nd January 2014
Source: www.iclr.co.uk
Marley (Appellant) v Rawlings and another (Respondents) – Supreme Court
Marley (Appellant) v Rawlings and another (Respondents) [2014] UKSC 2 | UKSC 2012/0057 (YouTube)
Supreme Court, 22nd January 2014
Solicitor jailed after stealing £2m from his clients and their families – Daily Telegraph
‘The victims of a corrupt solicitor and former Coroner who stole from their loved ones’ estates have been left asking how he managed to get away with it for so long.’
Daily Telegraph, 15th December 2013
Source: www.telegraph.co.uk
Sons of man who left fortune to BNP in court battle to claim money – Daily Telegraph
‘When English man died in Spain he bequeathed his entire estate worth £389,000 to the British National Party, court hears.’
Daily Telegraph, 12th December 2013
Source: www.telegraph.co.uk
Dispute over ‘botched’ £70,000 family will signed by the wrong spouses reaches Supreme Court – The Independent
‘A bitter dispute between three “brothers” over who should gain a £70,000 inheritance after a couple mistakenly signed each other’s wills was brought before the Supreme Court today.’
The Independent, 3rd December 2013
Source: www.independent.co.uk
Inheritance Act Claims – Delay at your Peril – Zenith Chambers
“Nicola Phillipson, Zenith Chambers, examines the case of Berger v Berger where the Court of Appeal refused permission to the appellant to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 almost six years out of time.”
Zenith Chambers, 5th November 2013
Source: www.zenithchambers.co.uk
Christopher Symons guilty of Patricia Goodband murder – BBC News
“A man has been found guilty of murdering his business partner and throwing her down a well shaft in an attempt to gain a £1m inheritance.”
BBC News, 25th October 2013
Source: www.bbc.co.uk
Family cut me out of £500,000 fortune, says illegitimate daughter – Daily Telegraph
“A woman who accused her late father’s ‘traditionalist’ family of conspiring to cut her out of a £500,000 inheritance because she was born out of wedlock has failed in her legal challenge.”
Daily Telegraph, 27th September 2013
Source: www.telegraph.co.uk
