Wills & Trusts Law Reports | October 2016 #163Kenneth William Jordan (Mr Jordan) died on 4 August 2012 leaving a wife (from whom he was estranged) and two adult children. The claimant was Mr Jordan’s partner during the last years of his life and the first defendant was his daughter from a relationship that predated his marriage. He had previously made a will giving pecuniary legacies to the first defendant and two of his sisters with the residuary estate passing to the claimant. Subsequently, in January 2012, Mr Jordan gave instructions to Mr Mumford (who was his brother-in-law), a solicitor with the firm Melia Mumford, to make a ne...
Wills & Trusts Law Reports | May 2015 #149Joyce Smith (Mrs Smith) lived at 49 Home Close, Wolvercote, Oxford (property). She had two daughters, the late Norma Kicks who died in January 2004, and the defendant. After her daughter’s death, Mrs Smith changed her will (will) in February 2008 and gave her entire net estate to the defendant, whom she had appointed sole executrix and trustee, to hold as to 50% for the defendant and 50% equally between Mrs Smith’s four grandchildren. The claimants were the two children of the late Norma Kicks. Mrs Smith’s health began to decline from November 2008. The defendant and her husband, who liv...
Wills & Trusts Law Reports | April 2015 #148Elizabeth Jane Walker (Mrs Walker) was born on 25 March 1956. She married John Walker in 1981, and with him she had two daughters, Jennifer and Alison. In 2007, she left her husband and began to live with Michael Badmin (Mr Badmin).
On 20 June 2009, Mrs Walker was diagnosed with a terminal, malignant brain tumour. Following the prescription of medication, she began to suffer from symptoms of psychosis. However, her condition gradually improved, and she was discharged from hospital on 20 July 2009. Mrs Walker’s health begun to deteriorate in Autumn 2009. By October, she was bed-bou...
Walker v Badmin has clarified the correct test for testamentary capacity. Araba Taylor explains ‘The clarity offered by the Walker judgment is very welcome, given the conflict between earlier first instance decisions and what the judge described as the “rather ambivalent view” in the textbooks.’ It is now settled: the test for testamentary capacity in …
Continue reading "Testamentary Capacity: Banking on Banks v Goodfellow"
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