Todd v Parsons [2019] EWHC 3366 (Ch)

WTLR Issue: Spring 2020

T died in 2009, aged 96 years, leaving two adult children, her son, who was the claimant (C), and her daughter, who was the third defendant (D3). By a will document dated 25 September 2008, T appointed the first defendant (D1) and the second defendant (D2) as her executors...

Whittaker v Hancock [2018] EWHC 3478 (Ch)

WTLR Issue: Autumn 2019 #176

By his Will dated 23 September 2003 (”Will”) John Sidney Parker (”Testator”) appointed as his executrices the First and Second Defendants. The sole beneficiary of his estate was his second wife, the Second Defendant. She had been obliged to leave the family home to be cared for by her daughter, the Claimant...

Re Harte [2015] EWHC 2351

WTLR Issue: December 2015 #155

By her will dated 10 November 2009 the deceased was expressed to give ‘all my personal property of whatsoever and wheresoever situated to my trustees on the following trusts:

3.1 To pay my just debts, funeral and testamentary expenses...

Re Paw [2015] EWCOP 57

WTLR Issue: December 2015 #155

This was the application by ARW for an order appointing himself and two others, SJ and BQ, jointly to be deputies for property and financial affairs of his wife PAW who was unable to make decisions relating to her property. SJ and BQ were relatives of PAW who were close to her...

Ilott v Mitson [2015] EWCA Civ 797

WTLR Issue: October 2015 # 153

The appeal concerned the quantification of an award for maintenance pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). Section 1 of the 1975 Act confers the right on, among others, a child of the deceased to apply for an order if the will of the deceased or the intestacy rules did not make reasonable provision for that person...

Williams v Seals & ors [2014] EWHC 3708 (Ch)

WTLR Issue: March 2015 #147

The deceased, Mr Seals, (D) committed suicide on 10 December 2013. He was depressed following his wife’s death from cancer in August 2010. However, the mental health team who saw him in September and November 2012 did not identify any major disordering mental illness...

King v Dubrey & ors [2014] EWCH 2083 (Ch)

WTLR Issue: October 2014 #143

The deceased, June Fairbrother, (D), a retired policewoman, made a will in March 1998 leaving legacies to friends and family, the 3rd to 14th defendants ,the executors and legatees and the residue to the 15th to 21st defendants, animal charities (the charities)...

Loring v Woodland Trust [2013] EWHC 4400 (Ch)

WTLR Issue: May 2014 #139

The testatrix, T, died on 1 September 2011 leaving an estate with a net value of £680,805. Her will, dated 2 February 2001, included provision for a nil rate band legacy for her children and grandchildren under clause 5 which stated:

‘MY TRUSTEES shall set aside out of my residuary estate assets or cash of an aggregate value equal to such sum as is at the date of my death the amount of my unused nil rate band for inheritance tax and to hold the same for such of the following as shall survive me...

Markou & anr v Goodwin & ors [2013] EWHC 4570 (Ch)

WTLR Issue: May 2014 #139

Mrs Eileen Rand died on 4 November 2007 aged 79 having executed two wills during her lifetime – one dated 20 June 2007 and the other 18 December 1969.

Mrs Rand had two siblings – Horace (known as Bill) and Derek. Bill married twice, the second time to Mrs Rand’s best friend since school Lillian (known as Pat)...

Haider v Syed 

WTLR Issue: April 2014 #138

This was a challenge to the purported will of Mrs Naseem Syed Khan (the deceased) on the basis that it was a forgery. The deceased died on 17 July 2008. Mr Jafar Ali Khan (Mr Khan) was the deceased’s husband. Mr Khan had survived the deceased and had taken out letters of administration in respect of her estate on the basis that she had died intestate...