Wills & Trusts Law Reports | Winter 2023 #193The deceased died on 16 September 2021 leaving what purported to be a will dated 4 July 2021. It was signed by her and witnessed by a neighbour and a chartered accountant. It appointed the defendant, her daughter, as executrix and beneficiary of her entire estate.
The deceased’s other surviving children (the first claimant and the second claimant) and the children of a deceased child of the deceased (Vicky) (the third to sixth claimants) challenged the will on the grounds of lack of testamentary capacity, lack of knowledge and approval, and undue influence by the defendant over th...
John Sharples outlines a case that clarifies occupation rights Ali illustrates the importance of properly analysing the nature of the occupying beneficiary’s interest at the outset and seeking the proper relief on behalf of the proper claimant for the correct amount. In what circumstances can a beneficiary of a trust of land who does not …
Continue reading "Trusts of land: What justifies the award of occupation rent?"
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Mark Pawlowski examines the principles to be applied when a co-owner or their trustee in bankruptcy claims an occupation rent A co-owner in occupation is not obliged to pay occupation rent merely because they are living in the property and the other co-owner is not, and something more must be shown to make it just …
Continue reading "Occupation rent: A fair share"
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