Wills – Page 11 – Law Journals

Wills: Care and share

Michael Waterworth analyses a case that has lessons for those litigating over the validity of wills ‘In the course of the trial in the case of Mrs Blofield it emerged that one view of the facts – a view favoured by the judge – was that she had used her will to encourage Mr Cranfield …

Continue reading "Wills: Care and share"

This post is only available to members.

Wills: It’s good to talk

M F

The consequences of omitting key questions when taking will instructions are clear in Robinson, as Martyn Frost reports ‘Did the client compartmentalise her thinking and consider the Canadian and Spanish wills to be completely unrelated matters each being unaffected by the other?’ The recent Canadian case Robinson Estate v Robinson [2011] deals with a problem …

Continue reading "Wills: It’s good to talk"

This post is only available to members.

Wills: Has the golden rule lost its lustre?

Charles Holbech reviews the importance of a medical opinion for the aged or infirm testator ‘Even though the golden rule may not, on close examination, be a golden rule, it does not follow that solicitors would be to safe to disregard it: they should be aware of the risk of a negligence claim should they …

Continue reading "Wills: Has the golden rule lost its lustre?"

This post is only available to members.

Wills: Virtual presence

Chris Walton explains why a review of online assets is an essential part of the will-making process ‘Many individuals overlook their digital assets and online profiles when making wills, perhaps because they are not so tangible as property or finance.’ Just ten years ago, the way in which we used the internet was very different. …

Continue reading "Wills: Virtual presence"

This post is only available to members.

Wills: Helping hand

Barrett v Bem sets an unusual precedent as Emily Exton explains ‘There was, in Vos J’s view, no question that Mr Lavin had wanted to make a will and had wanted Mrs Liston to inherit.’After a seven-year legal battle the will of Martin Lavin has recently been upheld by the court, in Barrett v Bem …

Continue reading "Wills: Helping hand"

This post is only available to members.

Wills: The right to spite

Fiona Campbell-White assesses whether we are still at liberty to leave our property to whomever we choose, however irrational ‘A testator can be unreasonable when making their will, provided that they are not deluded at the same time. Similarly, a will can be irrational, provided that the testator is capable of making a rational, fair …

Continue reading "Wills: The right to spite"

This post is only available to members.

Wills: Good Will Hunting

Sian Hodgson outlines a case that clarifies the standard of proof required to ‘prove’ a missing will ‘Given the nature of the claim, there was very little by way of documentary evidence and the court therefore had to take a view very much based on witness evidence.’It is generally accepted that, as a matter of …

Continue reading "Wills: Good Will Hunting"

This post is only available to members.

Wills: An extension of words

G S

Nadia Cowdrey sets out the lessons to be learned from Beard v Shadler, in which the intention behind the whole will was analysed to avoid a partial intestacy ‘ Beard provides a good illustration of the need to consider the will, read as a whole, when matters of construction arise and that the outcome of …

Continue reading "Wills: An extension of words"

This post is only available to members.

Wills: Attack on testamentary freedom?

M B

After Ilott v Mitson testators should be careful when excluding children from their will, as Emma Carey explains ‘The appeal and cross-appeal was heard in 2009 and the judge, Eleanor King J, found not only that the district judge had failed to apply the law properly, but also that he had erred in balancing the …

Continue reading "Wills: Attack on testamentary freedom?"

This post is only available to members.

Wills: Lost in translation

Henry Legge examines some oft-overlooked points concerning international testators ‘If a testator had non-UK nationality, the system of law applicable at the time of execution or their death will suffice. The classic case where this will crop up in English practice is where a testator is resident in England but has a non-UK passport.’In this …

Continue reading "Wills: Lost in translation"

This post is only available to members.