Wills & Trusts Law Reports | Winter 2019 #177A husband and his wife were both found dead at their home in October 2016. Both were found to have died of hypothermia, and the wife‘s body in a more advanced state of decomposition. They left jointly-owned property which fell to be distributed differently depending on which of them died first. The parties were the executors of their respective estates.
s184 Law of Property Act 1925 provides as follows: “In all cases where… two or more persons have died in circumstances rendering it uncertain which of them survived the other or others, such deaths shall (subject to any or...
Simon Goulding examines the interaction of the principle of survivorship with claims under s9 of the Inheritance (Provision for Family and Dependants) Act 1975 ‘Where a will or the rules on intestacy have failed to provide a reasonable level of financial provision for a dependant, a potentially powerful statutory provision which may reverse the effects …
Continue reading "Survivorship: The importance of the matrimonial home"
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Wills & Trusts Law Reports | March 2015 #147This was an application by the Public Guardian for the court to determine the validity of provisions in two lasting powers of attorney, one for property and affairs and one for health and welfare (the LPAs). The LPAs were made by by Mrs Miles on 27 November 2013. A solicitor called Mr Satchell drew them up.
Under the LPAs Mrs Miles appointed her husband and daughter as her attorneys under both powers; appointed her son as her replacement attorney; directed that her attorneys act jointly for some decisions and jointly and severally for others; selected option A in the health and we...
Wills & Trusts Law Reports | May 2013 #129Celine Cawley, the deceased (D) and the defendant, her husband (H), owned real and personal property as joint tenants. D’s will left all her property to H and if he were to predecease her, to trustees for her children. She had one daughter. H was convicted of D’s manslaughter. Following his conviction, H expressly renounced his right to probate of D’s will. On 24 March 2010 letters of administration were granted to the plaintiffs (P), the personal representatives named in D’s will should H predecease her. By s120 of the Succession Act 1965 (the
