Burns v Burns [2016] EWCA Civ 37

Wills & Trusts Law Reports | June 2016 #160

On 21 May 2010 the deceased died, aged 89, leaving two sons: the appellant and the respondent. The respondent claimed pronouncement in solemn form of an alleged will of the deceased dated 26 July 2005, which divided the deceased’s estate equally between the appellant and the respondent. The appellant challenged the validity of the 2005 will on the basis that the deceased lacked testamentary capacity at the date of its purported execution and on the basis that the deceased did not know and approve of the contents of the same.

In September 2003 social services began to assist with t...

In the estate of Constance Rose Simon; Simon v Byford & ors [2013] EWHC 1490 (Ch)

Wills & Trusts Law Reports | November 2013 #134

Mrs Constance Rose Simon died on 15 January 2009 at the age of 91. She was the widow of Mr R W Simon, with whom she had four children: namely Jonathan, Robert, Hilary and David. David predeceased his mother on 1 November 2004.

Mrs Simon’s estate consisted of her house in St John’s Wood, London (valued at £1.75m), a flat in Westcliffe on Sea (valued at £262,500), savings and shares (worth £55,000), some land in Malta and 16 shares in R W Simon Ltd (the company).

By Mrs Simon’s will dated 23 March 1978, she had left her entire estate to her four children i...