Wills & Trusts Law Reports | Winter 2023 #193Evi Kalodiki (the testatrix) passed away on 31 December 2018, having executed a purported will dated 27 December 2018 (the will) and married the claimant on 28 December 2018. The claimant maintained that the will was revoked by the testatrix’s marriage to him. The defendant was the testatrix’s sister and was named as a beneficiary in the will.
By an application to the Central Family Court, the defendant sought a declaration under s55 of the Family Law Act 1986 in respect of the status of the marriage, contending, among other things, that the marriage was invalid ...
Barny Croft and Louise Corfield consider Pegler v McDonald, the case that has something for everyone The court deemed that its findings added up to a ‘comprehensive disqualification for [the defendant’s] being concerned in the fiduciary administration of assets for the benefit of other people’. If you have not read the case of Pegler v …
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Wills & Trusts Law Reports | Winter 2022 #189The will of the late Gladys Townsend contained at clause 11 a charging clause, the relevant part of which was couched in the following words:
‘MY TRUSTEES shall have the following powers in addition to their powers under the general law or under any other provisions of this Will or any Codicil hereto… (g) for any of my Trustees who shall be engaged in any profession or business [to] charge and be paid (in priority to all other dispositions herein) all usual professional and other fees and to retain any brokerage or commission for work or business introduced transacted ...
Wills & Trusts Law Reports | Winter 2022 #189By his will, the late Robert Simcock created a trust over the sum of £200,000, under which his wife Catherine was to be the life tenant. Subject to that, the capital and income of that trust was to be held on the terms of a discretionary trust of residue also created by the will, the objects of which were Catherine, and Robert’s children and remoter issue.
Solicitors acting for the family determined that only a portion of Robert’s estate would benefit from Agricultural Property Relief (APR) and Business Property Relief (BPR), with the consequence that, absent an appointment from t...
Wills & Trusts Law Reports | Winter 2022 #189This was an application to admit an altered will to probate in its current condition. The testatrix (T) died in May 2017. Her last will and testament was a homemade pre-printed will executed in May 2005. The will had a number of alterations and the probate office refused to admit it to probate without further evidence. T’s sister therefore applied ex parte for the will to be admitted to probate, and for letters of administration with the will annexed. The will was witnessed but one of the witnesses had since died and the other was no longer of sound mind so could not give eviden...
Wills & Trusts Law Reports | Winter 2022 #189The late Hartar Singh Sangha (Mr Sangha) died on 3 September 2016, leaving a complex family life and a large portfolio of property and other assets in both the UK and India. He had made a large number of wills at various times. The interaction of these instruments produced significant disputes among his family members. Mr Sangha had at some times during his life regarded himself as married to the first respondent (Diljit). At other points, he regarded himself as married to the appellant (Jaswinder).
Four wills made by Mr Sangha were placed before the court. These were as follows:<...
Natasha Dzameh explores the Court of Appeal’s decision on the will of His late Royal Highness Prince Philip The principle of open justice could be derogated from only in exceptional circumstances and these were such circumstances. Following the death of His Royal Highness Prince Philip the spotlight was shone on the practice of sealing royal …
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Da Silva v Heselton provides welcome clarity on the circumstances in which executors can charge for their services. Lesley Harrison reports It makes no obvious sense for the estate to pay an executor for work that they carry out in which they have no relevant professional skill or business experience. In the case of Da …
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The testimony of parties who have nothing to gain from proceedings can help to prove a will. Katie Alsop highlights practical points for contentious probate practitioners arising from a recent case Not only is this case a useful reminder for practitioners to reacquaint themselves with the detail of s9 of the Wills Act 1837, in …
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Wills & Trusts Law Reports | Autumn 2022 #188This was a probate claim by the testator’s children (minors with their mother, the testator’s ex-wife, as litigation friend). The first defendant (who was the only active defendant) was the testator’s new partner.
The claimants sought to propound a will from 2009. The first defendant sought to propound a will from 2018. The first defendant claimed that the 2018 will had been signed by the testator on 27 March 2018 with the intention of giving effect to it as a will, and that he had acknowledged his signature in the presence of witnesses who attested and signed the document in the ...
