Lumb v Lumb [2023] WTLR 1459

Wills & Trusts Law Reports | Winter 2023 #193

This was an appeal against the decision of Deputy District Judge Whitehead dated 13 December 2022, whereby he made no order as to costs but granted the claimant permission to appeal following his successful summary judgment application, by which the claimant had sought and obtained pronouncement in solemn form in favour of the validity of the will of his mother, Ina Margaret Lumb (deceased), and ancillary orders. The learned judge found that the usual costs rule that costs follow the event did not apply because it was displaced by CPR r57.7(5)(b) under which the court would not ...

Reeves v Drew & ors WTLR(w) 2022-08

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Bracey v Curley & anr [2022] WTLR 419

Wills & Trusts Law Reports | Summer 2022 #187

Mr Bracey passed away on 27 May 2018, leaving a will dated 31 July 2015. Under that will, Mr Bracey appointed the second defendant as his executrix and trustee. The grant of probate issued on 16 March 2020 to the second defendant. Mr Bracey had been predeceased by his wife, who, like Mr Bracey himself, had been unwell at the time at which Mr Bracey had executed his will. The case related to a dispute between Mr Bracey’s son (the claimant) and his daughter (the first defendant) concerning the proper construction of the will and whether it should be rectified.

The first issue was wh...

Gardiner v Tabet & anr [2020] WTLR 931

Wills & Trusts Law Reports | Autumn 2020 #180

By a will dated 29 May 2017 (the will), Eric Tabet (the testator) gave the whole of his estate to the claimant. The testator, who suffered from long-standing mental illness, had recently been diagnosed with a brain tumour. The will, which was in accordance with the testator’s long-held testamentary intentions, was drawn up by Mr Jamal Hammoud, his close friend for 30 years. He is said to have prepared the will in accordance with those instructions, to have read it aloud to the testator and to have witnessed his signature of it together with another friend, Mr Moshin Lakhim. The testator ...

Parsonage v Parsonage & ors WTLR(w) 2020-02

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Griffin v Higgs & ors [2019] WTLR 539

Wills & Trusts Law Reports | Summer 2019 #175

By her last Will and Codicils thereto Patricia Folkes appointed the First and Second Defendants, who were her solicitors, and the Third Defendant, who was her accountant, to act as executors (“Executors”). Her estate, which included a large house in substantial grounds called Stourton Hall and a holiday home at Pen-y-Graig, was left on discretionary trusts for the benefit of her three children and seven grandchildren. She also left a letter in which she said that her personal chattels at those properties had already been given to the Fourth Defendant, Constantine Folkes. She died on 20 D...

Will drafting: Tech support

Josh Lewison asks whether AI could be used effectively to write wills ‘In my view, the introduction of AI to the will-drafting landscape is unlikely to give rise to any greatly complex new problems in liability or redress.’ According to a recent survey, a large proportion of members of the public would not want to …
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James v James & ors [2018] WTLR 1313

Wills & Trusts Law Reports | Winter 2018 #170

The deceased was a self-made man who had operated a farming business and a haulage company in partnership with his wife (the third defendant) and his son (the claimant). Over the course of his life, he purchased a number of parcels of agricultural land in Dorset. In 2007 he gave two of these parcels to one of his daughters (the first defendant). In 2009 the partnership dissolved, and the deceased transferred one of the parcels to himself and the third defendant to hold jointly. At the same time the claimant was given one of the parcels and the haulage business.

The deceased died i...

Disclosure: What makes data ‘personal data’?

Paul Newman QC examines claims for trust documents under the Data Protection Act 1998, with reference to Dawson-Damer v Taylor Wessing LLP [2016] ‘The critical difference between the disclosure of trust documents and privilege is that the need to maintain confidentiality in the trust document may be overridden by the exercise of the court’s discretion.’ …
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1975 Act Inheritance Claims: The price of estrangement

Basil Dearing sets out the lessons from Wright v Waters [2014] ‘When taking into account all s3 factors, the judge’s valued judgment was that Patricia Wright’s conduct outweighed all of the factors in her favour.’ In the recent case of Wright v Waters, a daughter’s claim against the estate of her mother, who had, by …
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