Rondel v Robinson Estate & ors [2011] ONCA 493 (CanLII)

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

Blanca Robinson, the testator (T), owned property in Spain, England and Canada. She executed a will in 2002 intended to deal only with her European property (the 2002 Spanish will). By this she granted a life interest in her London flat to Dr Richard Rondel, the Appellant (A), with whom she had a long relationship and made it clear she had made another will dealing with her property outside Europe. In 2005, T sent her lawyer drafting instructions regarding a Canadian will (the 2005 Canadian will). The instructions related to the ‘entire residue of [her] estate’. Her lawyer, M...

Drake v Harvey & ors [2011] EWCA Civ 838

Wills & Trusts Law Reports | November 2011 #114

Mr and Mrs H, their son A and their daughter F were partners in a partnership engaged in farming. The partnership was governed by a partnership deed dated 14 February 1989. One of the assets of the farming partnership was farmland worth approximately £5.5m. Mr and Mrs H ceased to be partners as a result of their loss of mental capacity. They have since died. A ceased to be a partner on his death and therefore F was the only surviving partner.

The partnership capital was originally divided into A and B capital and additional capital. By clause 6 of the partnership deed, A capital h...