Procter v Procter & ors WTLR(w) 2023-01

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Mattingley v Bugeja [2022] WTLR 601

Summer 2022 #187

Kim Mattingley (Kim) died on 28 June 2020. C was Kim’s daughter. D was Kim’s administratrix and sister (ie C’s aunt). Kim left an English will dated 31 May 2016 (the 2016 will). Letters of administration with the will annexed (limited to English assets) were granted to D.

Under the 2016 will, Kim left her residuary estate to C, but in fact there was little or no residuary estate. The 2016 will provided that Kim’s interest in 8 Crabtree Close, Ings Hill, West Malling (the property) and certain effects within it be devised absolutely to D. The 2016 will expressed a wish that D permi...

Goodwin v Avison & ors WTLR(w) 2022-04

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Brookman & anr v Potts & anr [2022] WTLR 37

Spring 2022 #186

By his will dated 17 January 2011 (the will), Arthur Brookman (the deceased) appointed his wife, Sandra Brookman, together with her children and brother to be the executors and trustees. The deceased placed his beneficial half share in the matrimonial home at 49 Hemsby Road, Castleford (the property) in a discretionary trust for the benefit of a class of potential beneficiaries that included his wife, his children by a former marriage, his stepchildren and six named grandchildren. Subject to the power of appointment, the capital and income were held on trust for such of his children and ...

The British University in Dubai v Ebrahimi [2021] WTLR 703

Summer 2021 #183

The deceased died on 4 July 2018 leaving a disputed will, dated 3 May 2018, probate of which was granted to the defendant, who together with his wife were the only beneficiaries.

The 2018 will was a holographic one-page will. On one side it bore the signatures of two witnesses who, it was common ground, had witnessed the testator’s signature on 4 May 2018 when not together at the same time and so did not validly attest the will in accordance with s9, Wills Act 1837. On the reverse of the will were two further signatures dated 3 May 2018, belonging to two further wit...