Naidoo v Barton & anr [2023] WTLR 1047

Wills & Trusts Law Reports | Autumn 2023 #192

Nirmalathevie Naidoo (Mrs Naidoo) died on 10 February 2016. Her husband, Dr Govindarajaloo Naidoo (Dr Naidoo), had predeceased her on 12 January 1999. They had two daughters and five sons. The first defendant, David Barton (Mr Barton) (formerly known as Ramamurthie Naidoo), was one of their children, and his wife (Mrs Barton) was the second defendant. The claimant was another of their children.

By this claim, the claimant sought:

  1. (1) an order pronouncing in solemn form for the validity of Mrs Naidoo’s will dated 21 July 2015 (the 2015 will), by which he was appointed ...

McLean & ors v McLean [2023] WTLR 267

Wills & Trusts Law Reports | Spring 2023 #190

The claimants were all siblings and the biological children of Reginald McLean (Reginald), by his first marriage. The defendant was the biological child of Reginald and his second wife, Maureen (the deceased).

By mirror wills executed on 23 June 2017, Reginald and the deceased both left their estates to each other as survivors, and the residuary estate of the surviving spouse to the claimants and the defendant in equal shares (the 2017 wills). Following Reginald’s death, the deceased executed a new will on 16 August 2019 (the 2019 will) revoking her 2017 will and leaving her entir...

St Clair v King & anr [2022] WTLR 703

Wills & Trusts Law Reports | Summer 2022 #187

The defendants were the executors of the deceased’s last will dated 20 May 2009 (the 2009 will). The claimant, who was the stepdaughter of the deceased, challenged the 2009 will. There were seven issues at trial:

  1. (i) whether 2007 wills made by the deceased and her husband (the claimant’s father) were mutual wills such that if the 2009 will was admitted to probate, the estate needed to be administered to give effect to a constructive trust reflecting the terms of the 2007 will;
  2. (ii) whether there was a contract between the claimant and the deceased before the 2009 wi...