Wills: Crossing a line

Brendan Cotter | Trusts and Estates Law & Tax Journal | January/February 2017 #183
Brendan Cotter considers how likely a claim against a testamentary predator is to succeed ‘The classic sign of undue influence is the main beneficiary being active in the preparation of a will in which they take a substantial benefit.’As Hilaire Belloc wrote in Dedicatory Ode 1910: ‘The question’s very much too wide, and much too …

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DL v A Local Authority & ors [2012] EWCA Civ 253

Wills & Trusts Law Reports | December 2012 #125

Mr and Mrs L were an elderly married couple who, at the relevant time, were living with DL, their middle aged son, in the family home. Neither were at that time incapable, by reason of any impairment of, or disturbance in the functioning of, the mind or brain, of managing their own affairs within the meaning of the Mental Capacity Act 2005 (MCA). However, the local authority, which was concerned about alleged threatening and controlling behaviour on the part of DL, sought and obtained injunctive relief to protect Mr and Mrs L. Evidence obtained by the official solicitor concluded that bo...

Wills: Focus first

Penningtons Manches Cooper LLP | Trusts and Estates Law & Tax Journal | July/August 2012 #138
Anna Bruce-Smith sets out the lessons to be learned from Wharton v Bancroft ‘Mr Justice Norris went out of his way to commend counsel for keeping the number of witnesses to a minimum by weeding out the periphery testimonies, in particular those who seemed keen only to air their grievances against either White Horse or …

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Wharton v Bancroft & ors [2011] EWHC (Ch) 3250

Wills & Trusts Law Reports | May 2012 #119

Mr Wharton (D) had been married many years ago and had two daughters from that marriage, Victoria and Gina, (V and G) the third and fourth defendants. He had another relationship which resulted in a third child, Amanda (A), the fifth defendant. He divorced his first wife in 1977 and cohabited with the claimant, Maureen, (M) who took his surname but did not marry him until immediately prior to his death in 2008. Between 1979 and 1995 D made and executed three successive wills all leaving substantial property to M and providing for his children, and some of M’s children, in various w...