James v Scudamore & ors [2023] WTLR 961
Wills & Trusts Law Reports | Autumn 2023 #192The deceased died on 21 June 2010. His will, dated 6 March 1998, gave a life interest in the matrimonial home to his second wife, with remainders to the claimant and his brother, who were children of the deceased’s first marriage. A codicil, dated 26 December 2002, replaced the life interest with an absolute gift to the second wife. The deceased’s second wife obtained probate, relying on a copy of the codicil as the original could not be found, and administered the estate. The second wife made a will by which 70% of her residuary estate went to her sister, and 30% to the claimant’s three...
McElroy v McElroy [2023] WTLR 647
Wills & Trusts Law Reports | Summer 2023 #191On 18 February 2011, Ray McElroy passed away, survived by his wife of five months, Lynne, and his brother, Paul. Prior to his marriage to Lynne, Ray had made a will pursuant to which Paul was his sole beneficiary. After marrying Lynne, Ray did not execute a further will. On 24 August 2011, Lynne was granted letters of administration in respect of Ray’s estate, having sworn that Ray was domiciled in England and Wales and was intestate. Lynne proceeded to administer Ray’s estate and distribute the assets, including selling a property within the estate in part exchange for a new residence i...