This SI brings into force provisions of the Trusts (Capital and Income) Act 2013Read More
In 1985 the deceased executed a general power of attorney, pursuant to the Powers of Attorney Act 1971, in favour of a solicitor. Soon afterwards, as the attorney of the deceased the solicitor executed a conveyance conveying the deceased’s home, which she owned outright, to the deceased and the respondent, to be held by them as beneficial joint tenants.Read More
After being diagnosed with a serious illness, the testator was cared for and partly supported by one of his daughters and then by another. He made a will leaving one third of his estate to each of the daughters and the other third to other relatives. He then gave each of his daughters £100,000 as a gift. After his death an application was made to court to determine whether or not these gifts were to be treated as portions of their shares under the will.Read More
This was a probate action in relation to two wills. At first instance the judge had found against the later will both of the grounds of testamentary capacity and want of knowledge and approval. She pronounced for the earlier will.Read More
In a press release dated 13th February 2013, the Legal Services Board reported that it was recommending to the Lord Chancellor that will-writing activities should be made subject to regulationRead More
The Supreme Court web site is listing the appeals in Pitt v Holt and Futter v Futter.Read More
By clause 4 of her will, the testatrix gave pecuniary legacies to 15 named relatives and four charities. Clause 6 provided that the residue was to be divided equally amongst "such of the beneficiaries named in clause 4 as shall survive me". The claimant, one of the beneficiaries named in clause 4, claimed that under clause 6 it was the testatrix' intention to divide the residue only amongst the named relatives and not the named charities.Read More
The 20th edition of Williams, Mortimer and Sunnucks, Executors, Administrators and Probate, has been published by Sweet & Maxwell. The text runs to 1,453 pages; with the Appendices it runs to 1,736 pages.
The general editors are John Ross Martyn (of New Square Chambers) and Nicholas Caddick, QC (of Hogarth Chambers). Several other members of New Square Chambers contributed to various chapters. I contributed to the chapters on contentious practice (chapters 34 to 39) and administration proceedings (chapters 62 to 68).