A County Council v MS & anr 11413486

WTLR Issue: July/August 2014 #141

This was an application by a local authority property and affairs deputy seeking a direction whether to authorise a gift MS wished to make. MS was a member of the Church of Latter Day Saints (the church) and wished to donate £6,832 to the church as a tithe...

Catling & ors v Catling & anr [2014] EWHC 180 (Ch)

WTLR Issue: July/August 2014 #141

This was the trial of a probate action relating to the estate of the late Mrs Joyce Beech Catling (Mrs Catling). She was married to Arthur Joseph Catling (Mr Catling) and they had eight children. The first defendant was the youngest child. The claimants, the seven older children, seek probate in solemn form of her will dated 23 August 2004 (the 2004 will) and codicil dated 2 November 2005 (the 2005 codicil) and say that the court should pronounce against a later will dated 11 May 2007 (the 2007 will), on the ground that Mrs Catling no longer had testamentary capacity and/or did not know and approve its contents...

JS v KB & anr [2014] EWHC 482 (COP)

WTLR Issue: July/August 2014 #141

The application was made by JS for appointment by the Court of Protection under s19(1) of the MCA 2005 as DB’s deputy in relation to her property and financial affairs. JS was DB’s daughter. KB was DB’s son. MP was a local solicitor appointed to the court as deputy for DB on 13 February 2013...

Lewis v Lewis [2014] EWCA Civ 412

WTLR Issue: July/August 2014 #141

This was an application for permission to appeal from a decision of HHJ Seys Llewellyn QC in a case concerning wills. Peter Lewis contested the will of his father, Kenneth Lewis on the basis of undue influence and/or fraud. David Lewis, the beneficiary under the will, issued proceedings to determine the issue...

Sheffield v Sheffield & ors [2013] EWHC 3927 (Ch)

WTLR Issue: July/August 2014 #141

John Vincent Sheffield (JVS) and his wife Ann Sheffield bought 1,000 acres of land in Hampshire in 1968 as tenants in common, with JVS owning 25% and Ann 75% (the 1968 settlement). The land included two farms, numerous residential properties and some shooting rights over adjoining land...

Simon v Byford & ors [2014] EWCA Civ 280

WTLR Issue: July/August 2014 #141

The appeal dealt with the issue of whether the late Constance Simon (1) had testamentary capacity and (2) knew and approved her will she executed at or immediately after her 88th birthday party on 18 December 2005. The judge below answered the questions in the affirmative, on of Mrs Simon’s sons, Robert Simon appealed...