Jeffery v Jeffery [2013] EWHC 1942 (Ch)
Wills & Trusts Law Reports | November 2013 #134This was a retrial. The original trial in November 2012 was conducted in the absence of the defendant Andrew Jeffrey.
Daphne Jeffrey died in February 2010, aged 76, having divorced her husband David ten days before her death. She had two children – Nicholas and Andrew. She made a will in 2007 appointing Nicholas and Christopher Eyre (a friend left nothing in the will) as her executors and leaving her estate between Nicholas and Andrew’s three children. Prior to that she had made wills in 1982, 2002 and 2004. In 2008 she gifted two properties to Nicholas.
David and Daphne se...
Schomberg & ors v Taylor & ors [2013] EWHC 2269 (Ch)
Wills & Trusts Law Reports | October 2013 #133The testatrix (W) was the second wife of the late Brian Taylor (H) and had two step sons, David (D) and Paul (P), the first and second defendants. She had a sister, Penny, who married the eighth defendant, Mr Bruce Peskin (B), and who had three children, the fifth to seventh defendants, Cindy, Andrew and Dominic (the 2008 beneficiaries). W and H visited Penny and B, until a few years before they died. They stopped doing so after B, who was in financial difficulties, repeatedly pressurised them to obtain financial assistance in relation to a property development and sale. As a result of t...
Evans & ors v Lloyd & anr [2013] EWHC 1725 (Ch)
Wills & Trusts Law Reports | September 2013 #132Wynne Evans (Wynne) died on 2 September 2006 at the age of 79. He had worked on a farm from the age of 14. The farm latterly belonged to the defendants, David Lloyd (David) and his wife Elizabeth Lloyd (Elizabeth). Previously it had belonged to David’s parents and grandparents.
There was an issue as to whether Wynne had died testate or intestate. The claimants argued he died intestate but the defendants argued that he died testate and that the will, of which David was residuary beneficiary, had been lost.
The first claimant Howell Evans (Howell) is Wynne’s sole ...
Schrader v Schrader [2013] EWHC 466 (Ch)
Wills & Trusts Law Reports | May 2013 #129Jessica Schrader (the testatrix) died a widow aged 98. The testatrix’s two sons, the claimant (Nick) and the defendant (Bill), survived her.
By a will dated 1 October 1990 (the 1990 will), drafted by a firm of solicitors, the testatrix had made specific gifts of shares and savings bonds to her grandchildren and thereafter left her residue (on her husband having predeceased) to Nick and Bill in equal shares absolutely.
However, in or about May 2005, the testatrix suffered a fall and Nick moved into the testatrix’s property to act as her carer. On 12 April 2006, a further wil...
DL v A Local Authority & ors [2012] EWCA Civ 253
Wills & Trusts Law Reports | December 2012 #125Mr and Mrs L were an elderly married couple who, at the relevant time, were living with DL, their middle aged son, in the family home. Neither were at that time incapable, by reason of any impairment of, or disturbance in the functioning of, the mind or brain, of managing their own affairs within the meaning of the Mental Capacity Act 2005 (MCA). However, the local authority, which was concerned about alleged threatening and controlling behaviour on the part of DL, sought and obtained injunctive relief to protect Mr and Mrs L. Evidence obtained by the official solicitor concluded that bo...
Wharton v Bancroft & ors [2011] EWHC (Ch) 3250
Wills & Trusts Law Reports | May 2012 #119Mr Wharton (D) had been married many years ago and had two daughters from that marriage, Victoria and Gina, (V and G) the third and fourth defendants. He had another relationship which resulted in a third child, Amanda (A), the fifth defendant. He divorced his first wife in 1977 and cohabited with the claimant, Maureen, (M) who took his surname but did not marry him until immediately prior to his death in 2008. Between 1979 and 1995 D made and executed three successive wills all leaving substantial property to M and providing for his children, and some of M’s children, in various w...
Wharton v Bancroft & ors (costs) [2012] EWHC 91 (Ch)
Wills & Trusts Law Reports | May 2012 #119Mr Wharton (D) died in 2008 and was survived by his second wife, Maureen (M), and by his three adult daughters, Victoria, Gina and Amanda. D and M had been living together for 32 years but only married three days before D’s death. He had been discharged from hospital earlier that day so that he could spend his last few days at home. During this time his solicitor (B) visited him at home and took instructions from him for a will. This left his entire £4m estate to M, in contemplation of their marriage that took place the same evening. Essentially, D made a ‘deathbed will’...
Sharma & anr v Hunters [2011] EWHC 2546 (COP)
Wills & Trusts Law Reports | March 2012 #117The applicants (R and J) made a wasted costs application against the respondent solicitors (H) in the context of proceedings known as D v R (Deputy of S) and S [2010] EWHC 2405 (CoP), which had been heard by Henderson J in the Court of Protection concerning S. R was S’s daughter and his deputy. She had brought proceedings in the Chancery Division in S’s name to recover property S had given away to D on the basis of undue influence. S’s wish was that D should retain the property given to her. In that context, D applied for a declaration from the Court of Protection that ...
Cowderoy v Cranfield [2011] EWHC 1616 (Ch)
Wills & Trusts Law Reports | December 2011 #115Mrs Blofield (D) was in her 80’s and owned her own home worth around £140,000. Her only son (R) was an alcoholic and seriously ill. He moved into her house in 2002 and remained there until he died, intestate, on 5 August 2006. He had fathered several children. One was adopted and others taken into care but they paid no part in his life or that of his mother, D. He did, however, have a legitimate daughter, the claimant, Mrs Leigh Cowderoy, (C) who inherited his estate. Relations between C and R were strained and there was very little contact between C and D because of this although ...
Cowderoy v Cranfield (costs) [2011] EWHC 2628 (Ch)
Wills & Trusts Law Reports | December 2011 #115The claimant had challenged the last will of the deceased dated 13 November 2006 (the deceased had died on 19 October 2008) on the bases of (1) lack of testamentary capacity, (2) want of knowledge and approval and (3) undue influence. The claimant failed on all those bases. The decision of Morgan J can be found at [2011] EWHC 1616 (Ch). On the issue of costs the claimant contended that there should be no order as to costs up to and including 26 September 2010 and thereafter that she should pay the defendant’s costs on the standard basis such liability not to be enforced without the...