Poole & anr v Everall & anr [2016] EWHC 2126 (Ch)

Wills & Trusts Law Reports | November 2016 #164

This 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 ...

Carers: Blood is thicker than water

Sharon Nash finds that awareness of correct tax treatment helps prevent professional negligence ‘Frequently, where family members provide care, the family is either not advised or forgets that statutory deductions of tax and National Insurance may be set aside, subject to HMRC approval.’For many personal injury (PI) clients, the damages they receive are needed to …
This post is only available to members.