Topic: Wills

Schomberg & ors v Taylor & ors [2013] EWHC 2269 (Ch)

The 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...

Hart & anr v Burbidge & ors; Samways & ors v Burbidge & ors [2013] EWHC 1628 (Ch)

The deceased, Phyllis Hart née Samways (W) died on 7 November 2008 aged 86. Her husband (H) had died in January 2005. They left three children, two sons, Kenneth (K) and Paul Hart (P) and a daughter Susan Burbidge (S), who all have children of their own. W had a twin sister (J) who died four weeks after her and three other surviving siblings: Arthur, Graham and Christine (the Samways). Some eight years before he died H wished to sell the family firm to one of his children, but only S and her husband (B) were prepared to take it over on his terms, which did not include the transfer of the...

Williams v Wilmot [2012] EWHC 2211 (Ch)

The claimant sought probate of a will of Dr Cecil Monk (the deceased) dated 5 December 2003 by which the deceased left his entire estate to the claimant. The claimant also sought, in so far as it was necessary, an order that the deceased’s later will of 19 January 2007 be pronounced against on grounds of a lack of testamentary capacity and/or a lack of knowledge and approval.

The defendant, who did not appear and was not represented, was formerly engaged in caring for the deceased. He was an employee of a care agency to whom the relevant local authority had contracted out the care...

Dalriada Trustees Ltd v Woodward & ors [2012] EWHC 2211 (Ch)

Re Longman (dec’d) [2012] EWHC 666 (Ch)

Mrs Elizabeth Longman (D) died on 18 April 2008, leaving the residue of her estate equally to six charities if they were in existence at the date of her death. One of the six was the International Bible Society (UK) (IBS). When the will was made, IBS was an unincorporated association, but it had incorporated in May 2007 by transferring all its assets to a new charitable company, IBS-STL Ltd. Clause 6.3 of D’s will (see para [2] of the judgment below) provided that if one or more of the named charities merged or ceased to exist her trustees could pay its share of the residue to a...