Poole & anr v Everall & anr [2016] EWHC 2126 (Ch)
Wills & Trusts Law Reports | November 2016 #164This was a challenge to the formal and substantial validity of the last will of David Poole (the testator) dated 26 December 2012 (the December will) on the grounds of want of due execution, want of knowledge and approval, lack of testamentary capacity and undue influence.
The testator (who died on 19 March 2013) had suffered severe physical and psychiatric injuries following a motorcycle accident in 1985. The December will had been prepared by Mr Everall, the first respondent, who had been the testator’s paid carer/’supporting landlord’ since 1994. The December ...
Elliott v Simmonds & anr [2016] EWHC 732 (Ch)
Wills & Trusts Law Reports | October 2016 #163Kenneth William Jordan (Mr Jordan) died on 4 August 2012 leaving a wife (from whom he was estranged) and two adult children. The claimant was Mr Jordan’s partner during the last years of his life and the first defendant was his daughter from a relationship that predated his marriage. He had previously made a will giving pecuniary legacies to the first defendant and two of his sisters with the residuary estate passing to the claimant. Subsequently, in January 2012, Mr Jordan gave instructions to Mr Mumford (who was his brother-in-law), a solicitor with the firm Melia Mumford, to make a ne...
Fischer v Diffley & anr [2013] EWHC 4567 (Ch)
Wills & Trusts Law Reports | June 2014 #140The claimants were the representatives of Louise Beck (Louise)’s family in Germany. Louise died on 17 January 2011 and the claimants sought a declaration that Louise had died intestate and that the two wills which she had executed on 1 March 2009 (the first will) and 2 May 2010 (the second will) were invalid.
Louise held substantial assets in both England and Germany, mainly comprising real estate and cash. The wills purported to deal with all of her assets in both jurisdictions. If the wills were found to be invalid then the English estate would pass to her surviving niece...
Hawes v Burgess & anr [2013] WTLR 453
Wills & Trusts Law Reports | April 2013 #128Daphne Burgess, the deceased (D), died in May 2009 aged 80. She had three children: the appellant, Julia (J), and the respondents, Peter (P) and Libby (L). P and the deceased were very close. He organised her finances and in 2006 bought a bungalow for her to live in. It was to remain in his name, but subject to a lease to his mother to give her security. They agreed that she would pay £21,000 towards the cost of a new kitchen and bathroom that she wanted installed. J and P fell out for a number of reasons, mainly connected with the purchase of the bungalow and related arrangements affect...
Burgess & anr v Hawes & ors 0CL10537
Wills & Trusts Law Reports | April 2012 #118Daphne 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...