Case: Edwards v Edwards & ors [2007] EWHC 1119 (Ch); [2007] WTLR 1387 ChD

Tachi v Woodward [2019] WTLR 695

The Claimant issued proceedings in October 2016 inviting the Court to pronounce against the will of the deceased dated 12 June 2007 and in favour of an earlier will dated 10 October 2006, which appointed the Claimant and one other as executors. The Defendant was the sole executor and beneficiary of the 2007 will. After the close of pleadings, directions were given and the matter listed for trial with a time estimate of 5 days, to commence on 5 November 2018.

On 6 March 2018 the Claimant invited the Defendant to consent to the deceased’s previous solicitors, Dixon Ward, being autho...

Edkins v Hopkins & ors [2016] EWHC 2542 (Ch)

The claimant was a friend and business colleague of Philip Hopkins, and the executor and main beneficiary under Mr Hopkins’ will dated 6 June 2014. The will draftsman, a partner in a law firm, attended Mr Hopkins at his home with two members of the firm’s staff who witnessed his signature. During the execution of the will, she noticed that Mr Hopkins was unwell and later that day he was readmitted into hospital. He died ten days later on 19 August 2014, having been diagnosed with unspecified alcoholic liver damage.

The claimant brought a claim to prove the validity of the 2014 wil...

Schomberg & ors v Taylor & ors [2013] EWHC 2269 (Ch)

The testatrix (W) was the second wife of the late Brian Taylor (H) and had two step sons, David (D) and Paul (P), the first and second defendants. She had a sister, Penny, who married the eighth defendant, Mr Bruce Peskin (B), and who had three children, the fifth to seventh defendants, Cindy, Andrew and Dominic (the 2008 beneficiaries). W and H visited Penny and B, until a few years before they died. They stopped doing so after B, who was in financial difficulties, repeatedly pressurised them to obtain financial assistance in relation to a property development and sale. As a result of t...

Hart & anr v Burbidge & ors; Samways & ors v Burbidge & ors [2013] EWHC 1628 (Ch)

The deceased, Phyllis Hart née Samways (W) died on 7 November 2008 aged 86. Her husband (H) had died in January 2005. They left three children, two sons, Kenneth (K) and Paul Hart (P) and a daughter Susan Burbidge (S), who all have children of their own. W had a twin sister (J) who died four weeks after her and three other surviving siblings: Arthur, Graham and Christine (the Samways). Some eight years before he died H wished to sell the family firm to one of his children, but only S and her husband (B) were prepared to take it over on his terms, which did not include the transfer of the...

Schrader v Schrader [2013] EWHC 466 (Ch)

Jessica Schrader (the testatrix) died a widow aged 98. The testatrix’s two sons, the claimant (Nick) and the defendant (Bill), survived her.

By a will dated 1 October 1990 (the 1990 will), drafted by a firm of solicitors, the testatrix had made specific gifts of shares and savings bonds to her grandchildren and thereafter left her residue (on her husband having predeceased) to Nick and Bill in equal shares absolutely.

However, in or about May 2005, the testatrix suffered a fall and Nick moved into the testatrix’s property to act as her carer. On 12 April 2006, a further wil...

Wharton v Bancroft & ors [2011] EWHC (Ch) 3250

Mr Wharton (D) had been married many years ago and had two daughters from that marriage, Victoria and Gina, (V and G) the third and fourth defendants. He had another relationship which resulted in a third child, Amanda (A), the fifth defendant. He divorced his first wife in 1977 and cohabited with the claimant, Maureen, (M) who took his surname but did not marry him until immediately prior to his death in 2008. Between 1979 and 1995 D made and executed three successive wills all leaving substantial property to M and providing for his children, and some of M’s children, in various w...