Category: wills

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

RSPCA loses court appeal against £2.35m will ruling – The Guardian

Posted December 1st, 2010 in charities, news, wills by sally

“The RSPCA has lost a court of appeal challenge against a ruling that overturned a will leaving them a £2.35m farmhouse and land in Northallerton, North Yorkshire.”

The Guardian, 30th November 2010

Source: www.guardian.co.uk

RSPCA challenges decision to overturn will – The Guardian

Posted November 30th, 2010 in appeals, charities, news, wills by sally

“The RSPCA today launched a high court challenge to a ruling that overturned a will leaving the charity a £2.35m estate after a daughter contested her parents’ legacy.”

The Guardian, 29th November 2010

Source: www.guardian.co.uk

Battle over will of ‘delusional’ millionaire who thought he was son of last Russian Tsarevich – Daily Telegraph

Posted November 24th, 2010 in news, wills by sally

“A lengthy legal battle over the fortune of a ‘delusional’ multi-millionaire who believed he was the son of the last Tsarevich of Imperial Russia was finally settled by the High Court yesterday.”

Daily Telegraph, 23rd November 2010

Father fights son over wife’s £5m divorce settlement – Daily Telegraph

Posted November 12th, 2010 in divorce, joint liability, news, personal injuries, wills by sally

“A father has gone to court claiming he deserves a greater share of his son’s £5 million inheritance left to him by his mother.”

Daily Telegraph, 12th November 2010

The Battle for Trevalga: residents win partial victory in fight to stop public school selling hamlet – Daily Telegraph

Posted September 13th, 2010 in housing, land registration, news, trusts, wills by sally

“A tiny Cornish community has won a partial victory in its fight against a leading public school.”

Daily Telegraph, 12th September 2010

In re Perrins, deceased; Perrins v Holland and others [2010] EWCA Civ 840; [2010] WLR (D) 196

In re Perrins, deceased; Perrins v Holland and others – WLR Daily

Posted July 26th, 2010 in appeals, law reports, mental health, wills by sally

“In a case where a testator had testamentary capacity when he gave instructions for his will, the will as drafted embodied those instructions and when the testator executed his will a year later his testamentary wishes remained unchanged although he was no longer of full testamentary capacity, the principle in Parker v Felgate (1883) LR 8 PD 171, namely that it was not necessary to prove knowledge and approval of a will provided that (a) the testator believed that it gave effect to his instructions and (b) that it did in fact do so, applied.”

WLR Daily, 22nd July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summay is removed.

Judges keen to make wills in favour of ‘Johnny-come-lately’ relatives – Daily Telegraph

Posted June 10th, 2010 in Court of Protection, mental health, news, wills by sally

“Judges are too quick to make wills for mentally ill or elderly people in favour of ‘Johnny-come-lately’ relatives, according to a legal expert.”

Daily Telegraph, 10th June 2010

Roberts v Gill & Co [2010] UKSC 22; [2010] WLR (D) 130

Roberts v Gill & Co – WLR Daily

Posted May 24th, 2010 in civil procedure rules, derivative claims, law reports, limitations, Supreme Court, wills by sally

“A beneficiary under a will who had commenced proceedings against solicitors he alleged had acted negligently in connection with the estate could not, after the relevant limitation period had expired, amend his claim so as to also claim on behalf of the estate by way of a derivative action.”

WLR Daily, 21st May 2010

Key and another v Key and others [2010] EWHC 408 (Ch); [2010] WLR (D) 69

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Key and another v Key and others – WLR Daily

Posted March 11th, 2010 in bereavement, law reports, mental health, probate, wills by sally

“Although affective disorder such as depression, including that caused by bereavement, was more likely to affect powers of decision-making than comprehension, the effect of bereavement on a testator’s mind was a factor to be taken into account when deciding whether he had capacity to make a will and was capable of impairing testamentary capacity.”

WLR Daily, 9th March 2010

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

RSPCA appeal against Northallerton will judgement – BBC News

Posted March 8th, 2010 in appeals, charities, news, wills by sally

“The RSPCA has started an appeal five months after losing a court battle over a £2m estate left to it in a will.”

BBC News, 6th March 2010

Source: www.bbc.co.uk

Brothers win £600,000 will battle – BBC News

Posted March 5th, 2010 in news, wills by sally

“Two brothers will inherit their father’s Norfolk farm following a High Court dispute that has left the family riven by ‘suspicion and distrust.’ ”

Bee and another v Thompson [2009] EWCA Civ 1212; [2009] WLR (D) 345

BBC News, 5th March 2010

Source: www.bbc.co.uk

Bee and another v Thompson – WLR Daily

Posted November 30th, 2009 in law reports, news, rights of way, wills by sally

“Where a bequest of land in adjacent parcels to different beneficiaries expressly provided that the owner of one parcel should enjoy a right of way over a track running over the other, but the vesting consents which conveyed the land to the beneficiaries did not grant such an easement, the will and the assents were to be construed together as a single transaction so as to give full effect to the testatrix’s intention. However such a right of way ‘at all times and for all purposes connected with’ the dominant tenement did not entitle the owner of that land to increase the user of the right of way from that associated with the agricultural purposes for which it had been used when the right of way had been granted to that associated with three houses.”

WLR Daily, 30th November 2009

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Woman wins RSPCA will challenge – BBC News

Posted October 9th, 2009 in news, wills by sally

“A woman who contested her parents’ will after they left their £2.34m estate in North Yorkshire to the RSPCA has won her legal battle.”

BBC News, 9th October 2009

Source: www.bbc.co.uk

Bishops: legal rules could prevent repeat of Kerrie Wooltorton ‘living will’ suicide – Daily Telegraph

Posted October 7th, 2009 in assisted suicide, news, wills by sally

“Doctors who allow suicidal patients to die because they have written a ‘living will’ could be breaking Government guidelines, Roman Catholic bishops claim.”

Daily Telegraph, 6th October 2009

Living wills law could be ‘revisited’ after Kerrie Wooltorton suicide case – Andy Burnham – Daily Telegraph

Posted October 5th, 2009 in assisted suicide, news, wills by sally

“The law on ‘living wills’ could be reviewed after a young woman used one to commit suicide, Andy Burnham, the Health Secretary, has said.”

Daily Telegraph, 4th October 2009

Disinherited family win High Court battle for thousands – The Times

Posted August 3rd, 2009 in news, wills by sally

“The family of a wealthy philanthropist have won a High Court battle to reclaim their inheritance after she left her estate to a man she might never have known.”

In re P [2009] EWHC 163 (Ch); [2009] WLR (D) 41

The Times, 1st August 2009

Source: www.timesonline.co.uk

In re P [2009] – WLR Daily

Posted February 11th, 2009 in Court of Protection, law reports, mental health, wills by sally

“When making decisions about the property and welfare of persons lacking capacity, the overarching principle pursuant to the Mental Capacity Act 2005 was that any decision made on behalf of that person must be made in his best interests. The guidance given under the Mental Health Acts 1959 and 1983 about the making of settlements or wills could no longer be directly applied to a decision made under the 2005 Act.”

WLR Daily, 10th February 2009

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Battle of wills: why more of us are going to court – The Times

Posted February 3rd, 2009 in news, wills by sally

“Battles over wills are some of the most bitterly fought of courtroom contests – and they are on the rise. The number of High Court cases involving wills and inheritance rose by 175 per cent – from 83 in 2006 to 228 in 2007, according to the latest figures.”

The Times, 2nd February 2009

Source: www.timesonline.co.uk

Judges to review the secrecy of royal wills – The Times

Posted January 26th, 2009 in news, royal family, wills by sally

“The Royal Family’s 100-year-old convention that their wills may be kept secret is to be reexamined by senior judges..”