The Vegetarian Society v Scott [2013] EWHC 4097 (Ch)

Wills & Trusts Law Reports | April 2014 #138

This was a contentious probate action against all five of the wills of a schizophrenic testator. While he had benefitted from a stable and conventional childhood, the deceased had sustained serious injuries at the age of nineteen in a serious bicycle accident. He soon after succumbed to the symptoms of severe schizophrenia and logical thought disorder, from which he suffered for the remainder of his lifetime. His modes of living were unconventional. He lived alone on the fringes of society, and despite his considerable wealth, he lived in basic, if not squalid conditions. While it was ac...

In the estate of Constance Rose Simon; Simon v Byford & ors [2013] EWHC 1490 (Ch)

Wills & Trusts Law Reports | November 2013 #134

Mrs Constance Rose Simon died on 15 January 2009 at the age of 91. She was the widow of Mr R W Simon, with whom she had four children: namely Jonathan, Robert, Hilary and David. David predeceased his mother on 1 November 2004.

Mrs Simon’s estate consisted of her house in St John’s Wood, London (valued at £1.75m), a flat in Westcliffe on Sea (valued at £262,500), savings and shares (worth £55,000), some land in Malta and 16 shares in R W Simon Ltd (the company).

By Mrs Simon’s will dated 23 March 1978, she had left her entire estate to her four children i...

Wills: Code of practice needed?

The Court of Appeal decision in Burgess v Hawes has muddied the waters on capacity, and want of knowledge and approval. Martyn Frost explains why The importance of the experienced practitioner’s evidence is going to be determined by what they did and what they know of what they should be doing. The recent judgment from …
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Burgess & anr v Hawes & ors 0CL10537

Wills & Trusts Law Reports | April 2012 #118

Daphne Mary Burgess (testatrix), who was a widow, had made a will on 23 September 1996 (1996 will) leaving her entire estate equally between her three children, the first and second claimants and the first defendant. At that time, she was living at 8 Abbey Way, Bradville, Milton Keynes (8 Abbey Way) and, while retaining a sense of financial independence, she relied on her son for the payment of household bills. Her physical health deteriorated as she became older, medication was already required for hypertension when she was diagnosed with diabetes, and an arthritic condition worsened to...

Wills: Has the golden rule lost its lustre?

Charles Holbech reviews the importance of a medical opinion for the aged or infirm testator ‘Even though the golden rule may not, on close examination, be a golden rule, it does not follow that solicitors would be to safe to disregard it: they should be aware of the risk of a negligence claim should they …
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Cowderoy v Cranfield [2011] EWHC 1616 (Ch)

Wills & Trusts Law Reports | December 2011 #115

Mrs Blofield (D) was in her 80’s and owned her own home worth around £140,000. Her only son (R) was an alcoholic and seriously ill. He moved into her house in 2002 and remained there until he died, intestate, on 5 August 2006. He had fathered several children. One was adopted and others taken into care but they paid no part in his life or that of his mother, D. He did, however, have a legitimate daughter, the claimant, Mrs Leigh Cowderoy, (C) who inherited his estate. Relations between C and R were strained and there was very little contact between C and D because of this although ...

Wills: The right to spite

Fiona Campbell-White assesses whether we are still at liberty to leave our property to whomever we choose, however irrational ‘A testator can be unreasonable when making their will, provided that they are not deluded at the same time. Similarly, a will can be irrational, provided that the testator is capable of making a rational, fair …
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