Jo Summers explains the point of the Law Society’s shari’ah practice note on wills, succession and trusts ‘There is nothing in English law to prevent someone choosing, for religious reasons, to distribute their estate in accordance with shari’ah succession laws.’ A great outcry erupted in March when the Daily Telegraph announced that ‘Islamic law is …
Continue reading "Shari’ah Law: Understanding your client"
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Wills & Trusts Law Reports | January/February 2014 #136The deceased was born in Carriacou on 20 July 1925. She married her husband in 1953. He moved to London for work in the 1950s. She joined him in 1957. She died in London on 18 February 2008 aged 82, leaving a will dated 7 October 2007. The court had to decide whether she was domiciled in Carriacou or London at the date of her death in order to establish if it had jurisdiction to entertain a claim by the claimant pursuant to the Inheritance Act 1975 for reasonable financial provision out of the estate. The issue of domicile was ordered to be tried as a preliminary issue by an ord...
Morris v Davies is a reminder of the rules governing probate, domicile and anti-suit injunctions, as Edward Rowntree sets out ‘Any injunction prohibiting a claimant from bringing an action before a foreign court is regarded as constituting an unacceptable interference with the jurisdiction of the foreign court and, as such, is incompatible with the system …
Continue reading "Probate: Family politics?"
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Wills & Trusts Law Reports | November 2011 #114Owen Robert Treharne Davies (deceased), by his last will, dated 30 March 1996, appointed the claimant and his girlfriend as executors and, subject to a letter of wishes concerning the administration of his affairs, left his entire estate to an uncle, the fifth defendant. At that time, the deceased had fallen out with most members of his family over a dispute concerning the administration of his grandfather’s estate. Their religious views were divergent and he did not want them to be involved in his affairs or funeral after his death. He was then working for Land Rover in England and had ...
