McElroy v McElroy [2023] WTLR 647

Wills & Trusts Law Reports | Summer 2023 #191

On 18 February 2011, Ray McElroy passed away, survived by his wife of five months, Lynne, and his brother, Paul. Prior to his marriage to Lynne, Ray had made a will pursuant to which Paul was his sole beneficiary. After marrying Lynne, Ray did not execute a further will. On 24 August 2011, Lynne was granted letters of administration in respect of Ray’s estate, having sworn that Ray was domiciled in England and Wales and was intestate. Lynne proceeded to administer Ray’s estate and distribute the assets, including selling a property within the estate in part exchange for a new residence i...

Kelly v Brennan & ors [2021] WTLR 613

Wills & Trusts Law Reports | Summer 2021 #183

C was a brother of the deceased (PK). He was the executor of PK’s will and also a beneficiary. Ds were the adult children of PK’s sister. PK’s will divided the residue into ten equal shares (including a share for each of PK’s sister’s children). C brought a claim under s20 Administration of Justice Act 1982 (AJA 1982) for rectification of the will so that the residue would instead be divided into six equal shares (with one share being shared between PK’s sister’s children). The claim was opposed by D3 and D4.

PK ...

Cardigan v Moore & anr [2012] EWHC 1024 (Ch)

Wills & Trusts Law Reports | July/August 2012 #121

At the end of the 1940s, the Savernake Estate, which was the subject of these proceedings, was held by a company owned by the 7th and 8th Marquesses of Ailesbury. Between 1949 and 1951 the company was replaced by a partnership. There was a conveyance executed in 1951 by which the estate was conveyed to the Marquesses on trust for sale as part of their partnership. The partnership property also included the family collection of paintings and other chattels. By 1963, there was an agreement that the partnership would be carried on by the 8th Marquess, who had a 51% share, and the trustees f...