Continue reading "Wills: Deeds not words"
Naylor & anr v Barlow & ors [2019] WTLR 981
Wills & Trusts Law Reports | Autumn 2019 #176The claimants were practising solicitors and trustees of a trust created by the will of John Hine (T) who died on 4 January 1992. T had had four children. Two, Beryl Clowes and John Hine, were the third and fourth defendants. One, Philip Hines, pre-deceased T leaving two children, Judith Barlow and Janet Lomax, the first and second defendants. The fourth, Basil Hine, had survived T but died before the proceedings were issued leaving a widow, Barbara Hine, who was the fifth defendant.
T had been the sole freehold owner of the family farm, Brown Edge Farm. Clause 3 of his will devis...
Wills: Timed out?
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Wills: The times they are a-changin’
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Wills: A question of construction
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Wills: Gender balance
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Wills: Can an unsent text message be a valid will?
Continue reading "Wills: Can an unsent text message be a valid will?"
Wills: Generation gain
Continue reading "Wills: Generation gain"
Lee & anr v Lee & anr [2018] WTLR 197
Wills & Trusts Law Reports | Spring 2018 #171Facts
In October 2002 the testator (T) and the first claimant (C1) bought Little Hendra Farm, Looe, Cornwall (the farm). They purchased as joint tenants. The farm consisted of a bungalow and some fields, within three registered titles. Title X included Village Field and Title Y included the Bungalow and Borehole and Church Fields. In fact, Title Z was the subject of a conveyancing mix-up, which was discovered later and resolved in 2008 by a transfer of the title, using form TR1, to T and C1 expressly as ‘joint tenants’.
In 2007, T and C1 made wills in substantially similar ...
Tish & ors v Olley & ors [2018] WTLR 327
Wills & Trusts Law Reports | Spring 2018 #171The claimants, the former wife of the deceased and their children by that marriage, brought claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Following the breakdown of the marriage between the first claimant and the deceased, in 2007 a consent order was made by the Principal Registry of the Family Division disposing of the first claimant’s ancillary relief application. That order provided, inter alia, that the deceased would pay £11,000 a year in respect of the children of the marriage until they attained the age of 18 years or, ...