Wills & Trusts Law Reports | Winter 2023 #193Evan Hughes (the deceased) left wills dated 7 August 2005 (the 2005 will) and 7 July 2016 (the 2016 will). Much of the deceased’s estate consisted of agricultural land, including 58 acres of farmland known as Yr Efail.
The deceased was survived by two children, Gareth and Carys, having been pre-deceased by a third, Elfed. Elfed was survived by a widow, Gwen, and three children: Stephen, Siôn and Geraint.
Under the 2016 will, but not the 2005 will, Yr Efail was gifted to Gareth.
Gareth claimed to propound the 2016 will in solemn form. Gwen and Stephen counterclaimed t...
Wills & Trusts Law Reports | Autumn 2022 #188The testator owned substantial real estate, including two plots of farmland and a cottage. He had three children. His son Elfed began working on the farmland from a young age and in 1999 acquired neighbouring farmland which he farmed together with the testator’s land. In due course Elfed brought his own son to work with him on the farm.
The testator had made his testamentary intentions clear for some time, namely that his son Gareth and daughter Carys (the appellant and first respondent respectively) should inherit shares in a family company and Elfed should inherit the farmland k...
Joseph de Lacey and Rowan Cope update practitioners on the High Court’s current approach to interpreting testamentary capacity It is striking that what appeared to be settled conclusions by respected professionals made contemporaneously with the execution of the disputed will… could be partially displaced by a misunderstanding as to the scale of the difference between …
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