Rea v Rea & ors [2023] WTLR 1509
Wills & Trusts Law Reports | Winter 2023 #193The dispute concerned which will of the deceased, Anna Rea, should be admitted to probate. Her first will dated 29 May 1986 gave all of her property to such of her four children as should survive her, if more than one in equal shares absolutely, subject to them surviving her by 28 days (the 1986 will).
A more recent will dated 7 December 2015 (the 2015 will) was witnessed by the solicitor who prepared it and the deceased’s GP. It provided for the deceased’s house to be left to the claimant, on account of the care she had given the deceased, with the residue to be divided between h...
Brookman & anr v Potts & anr [2022] WTLR 37
Wills & Trusts Law Reports | Spring 2022 #186By his will dated 17 January 2011 (the will), Arthur Brookman (the deceased) appointed his wife, Sandra Brookman, together with her children and brother to be the executors and trustees. The deceased placed his beneficial half share in the matrimonial home at 49 Hemsby Road, Castleford (the property) in a discretionary trust for the benefit of a class of potential beneficiaries that included his wife, his children by a former marriage, his stepchildren and six named grandchildren. Subject to the power of appointment, the capital and income were held on trust for such of his children and ...
Da Silva v Heselton & ors [2022] WTLR 67
Wills & Trusts Law Reports | Spring 2022 #186The first defendant was an executor and trustee of the will dated 28 June 2001 (the will) of Gladys Dulcie Townsend (the deceased), who died on 1 July 2003 leaving property both in England and Wales and in Dominica. Probate of the will was granted to the first defendant and a solicitor out of the Winchester Probate Registry on 2 December 2004. The claimant, who was a residuary beneficiary under the will, brought a claim seeking the removal and replacement of the executors in December 2015. An order removing the first defendant by consent was made on 2 June 2016. The first defendant, who ...
Smith & anr v Michelmores Trust Corporation Ltd & ors [2021] WTLR 1051
Wills & Trusts Law Reports | Autumn 2021 #184The testatrix (T), whose husband predeceased her, was survived by her four children, B1, B2, B3 and B4. T had appointed B3 and the partners of a solicitor firm as the executors of her will. She left the residue of her estate on trust to be divided into four equal shares: one for the benefit of each of B1, B2 and B3, and the fourth upon discretionary trusts, which included a wide power of appointment, for the benefit of B4 and his children and remoter issue. At the time of the hearing, B4 had three adult children and one minor grandchild. T died in 2010 and probate of her will was granted...
J & anr v S & ors [2021] WTLR 569
Wills & Trusts Law Reports | Summer 2021 #183The claimants, being the children of the deceased, brought a claim for provision under the Inheritance (Provision for Family and Dependants) Act 1975. The deceased, their father, had been diagnosed with an incurable lung disease in 2004. The claimants’ parents had divorced in 2012. Their mother remarried shortly thereafter and relocated with the claimants to Scotland. The father had maintained weekly telephone contact with the claimants for a short period, but had paid no maintenance or child support, with the mother and her new husband paying for the claimants’ priv...
Todd v Parsons & ors [2020] WTLR 305
Wills & Trusts Law Reports | Spring 2020 #178T 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. D1 was the daughter of D3 and T’s only grandchild. D2 was the solicitor who drafted the will document. Both remained neutral in the proceedings.
In June 2017, C brought a claim for probate in solemn form of the will document and for an order removing D1 and D2 as executors and appointing an independent personal...
Whittaker v Hancock & ors [2019] WTLR 1043
Wills & Trusts Law Reports | Autumn 2019 #176By 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. On 29 October 2013 the Second Defendant executed a Lasting Power of Attorney (”LPA”) in favour of the Claimant and this was registered on 16 January 2014. The Second Defendant, who had been diagnosed with triple dementia, subsequently moved into full time residential care. The Testat...
Re Harte [2015] EWHC 2351
Wills & Trusts Law Reports | December 2015 #155By 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.
3.2 For Patrick absolutely.
3.3 Provided that if Patrick should not survive me, then my Trustees shall hold my residuary estate as follows:
4.1 as to one tenth to Douglas Victor Harris
4.2 as to one part to Michael Harris
4.3 as to one part to Pamela Ellen How
4.4 as to one part to Sybil Maisie Wickens
<...Re Paw [2015] EWCOP 57
Wills & Trusts Law Reports | December 2015 #155This 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. ARW’s health had deteriorated since the application had been made and he was suffering from dementia.
The application was opposed by IW, one of ARW and PAW’s sons. IW objected to ARW being a deputy on the basis that he could not remember continuity of facts. IW objected to SJ on the basis sh...