Kicks v Leigh [2014] EWHC 3926 (Ch)

Wills & Trusts Law Reports | May 2015 #149

Joyce 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...

Undue Influence: Follow your nose

Amanda Noyce examines Hart v Burbidge [2014] and its lessons on the presumption of undue influence and lifetime gifts ‘Although the law of undue influence in relation to probate cases is a difficult hurdle to overcome, the law relating to lifetime gifts, where the donor may (or may not) now happen to be dead, may …
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Evans & ors v Lloyd & anr [2013] EWHC 1725 (Ch)

Wills & Trusts Law Reports | September 2013 #132

Wynne Evans (Wynne) died on 2 September 2006 at the age of 79. He had worked on a farm from the age of 14. The farm latterly belonged to the defendants, David Lloyd (David) and his wife Elizabeth Lloyd (Elizabeth). Previously it had belonged to David’s parents and grandparents.

There was an issue as to whether Wynne had died testate or intestate. The claimants argued he died intestate but the defendants argued that he died testate and that the will, of which David was residuary beneficiary, had been lost.

The first claimant Howell Evans (Howell) is Wynne’s sole ...

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

Wills & Trusts Law Reports | September 2013 #132

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...