Blog
The Court of Appeal have refused to validate a professionally drafted Will, executed at solicitors’ offices by an experienced solicitor, based on the ground of want of knowledge and approval.
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A challenge to the validity of a Deceased’s Will is currently being heard in the Courts. The facts surrounding the case involve 52 year old businessman Gary Stolkin, who claims that his father Leslie, who passed away in 2009 from Motor Neurone Disease, was too confused to change his Will 6 weeks prior to his death.
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The double Oscar wining actor, Sir Peter Ustinov died in 2004 aged 82. It is estimated that at that time his Estate would have been worth millions of pounds.
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The High Court have held in a case this month, that Mrs Marlene Taylor was unduly influenced into changing her will at a time when she was in a "very fragile physical and mental state" in the month following her husband's death.
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In the recent case of Singh v Ahluwalia, the Court of Appeal refused to overturn the decision of the High Court, that a Will was invalid because the Deceased had not signed his will in the presence of two witnesses present at the same time.
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Jimmy Saville's Estate worth approximately £4 million has been frozen in response to the numerous sex abuse claims made against him.
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In a recent case heard by the Court of Appeal it was held that a handwritten Italian Will did not revoke an earlier English Will.
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Section 32 of the Trustee Act 1925 gives Trustees under a Trust powers to advance capital to certain beneficiaries.
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Where somebody makes a promise to another which that person relies upon and in reliance of that promise acts to their detriment, it is possible to ask the Court to uphold that promise. The Claimant in such a case would be bringing a claim of Proprietary Estoppel.
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Case Law has shown that whilst the Courts are reluctant to interfere with the express wishes of a testator laid down by his or her Will, Public Policy will if necessary intervene to prohibit any disposition made by the Deceased, which though not illegal or immoral in any way, may in fact be entirely wasteful of the testator’s assets.
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Mr Bernard Matthews, the founder of a turkey production business died in November 2010. Having left three wills; two French Wills, once English Will and Codicil.
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John Suggitt used to work on his father’s farm at weekends and holidays for no pay. He then later dropped out of Agricultural College and spent his aunt’s inheritance left to him in a short space of time. His father decided to write his son out of his Will and instead left his £4m estate to his daughter Caroline.
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Currently someone must be missing for 7 years in England and Wales before they are formally presumed dead.
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The Chief Executive delivered a speech last week stating the Law Society’s intention early next year to launch a Will Writing and Probate Accreditation Scheme.
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In the recent case of Drakeford -v- Cotton and Another [2012] EWHC 1414 (CH), the case concerned whether monies held jointly in two bank accounts following the death of the Deceased, passed to the surviving joint account holder, or whether these monies were held in Trust to pass according to the terms of the Deceased’s Will.
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In the recent case of D R Sheridan LLP v Higgins & Another [2012] EWHC 547 (CH), two executors instructed a firm of solicitors to act for them in the administration of a Deceased’s Estate. Executor number 2 however subsequently withdrew her instructions.
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In the recently reported case of Lilleyman v Lilleyman [2012] EWHC 821 CH, the Chancery Division of the High Court had to decide whether the Deceased’s husband had made reasonable financial provision for his wife under the terms of his Will.
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In the recent case before the Court of Appeal of Barrett v Bem [2012] EWCA Civ 52, the Court of Appeal found that the Will in question was invalid as it had not been signed at the direction of the Deceased. The Deceased made a Will three hours before he died leaving his Estate to his sister. The Will was witnessed by two nurses. The Will was challenged by those that would have been entitled to inherit under the Intestacy Rules and was originally held to be invalid.
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Frequently testators decide to leave a legacy to a named charity in their Will. Problems however arise when the charity is no longer in existence by the time the testator has passed away.
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In the case of Re Erskine Trust, Gregg and another v Pigott and others [2012], the Deceased (DM) left a trust fund worth £3.2m. The beneficiary of the trust was the Deceased’s daughter (L). The Deceased’s daughter had a sister (D) who had no biological children. D died during L’s lifetime leaving two adopted sons, the First and Second Defendants (C and S). The Third Defendant was L’s niece (M). The Trust provided that if L shall have no children, the trustees of the trust shall hold the trust fund for D provided she had married or attained the age of 30. If she was to die the trustees were to hold the trust fund upon trust for the statutory next of kin.
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In a recent case the High Court ruled that the Deceased’s partner and the executrix of his Estate, were entitled to take possession of the Deceased’s body as opposed to the eceased’s estranged wife.
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Tom Kings and Tiffany Wiggett attended the mental capacity symposium held by Fenners Chambers in Cambridge on the 27 March 2012.
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Mr and Mrs Rawlings made mirror Wills leaving their respective Estates to one another on their deaths. On the death of the second person, the Estate was then to pass to an individual named Mr Marley, who Mr and Mrs Rawlings had treated as their son, but he was in fact no relation. When it came to the couple executing their Wills, the Wills got mixed up and the couple ended up signing each other’s Will by mistake. As a result their Wills were automatically invalid, meaning that they died intestate and as a result their Estates were distributed to their biological sons, contrary to their actual wishes.
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The recent case of Wharton v Bancroft and Others [2011] EWHC 3250 Ch is a typical example of the most common client enquiry that we receive; where a parent has made a Will leaving out their adult children, to provide for a new spouse.
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In the recent case of Barratt v Bem, re Lavin Deceased [2011] EWCA 1247 (Ch), the Deceased made a deathbed Will in favour of his sister. This Will was challenged by other family members who would have benefited under the Intestacy Rules had the Deceased not made a Will. Initially the Court held that the Deceased knew and approved the contents of the Will, but the signature on the Will was not the Deceased’s. New evidence came to light from nurses who had witnessed the Will stating that the Deceased’s sister had guided his hand when signing the Will. However a handwriting expert concluded in his report that the signature on the Will was not a guided signature.
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In the case of Shovelar and Others v Lane and Others [2011] EWCA Civ 802, the Court of Appeal increased the Defendants’ liability to pay the Claimants’ costs. In this case the Defendants were the solicitor executors of the Deceased’s Estate. The Court found that they as executors had failed to remain neutral in the dispute, therefore when they lost the case they became liable to pay the Claimants’ costs, which were estimated at over £320,000. They were not allowed to take some of these costs from the Deceased’s Estate (worth only around £134,000), and were ordered to pay those costs personally.
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Adolf Weidner lived for 40 years with Mrs Olive Watkins until her death at the age of 90 last year. Mr Weidner has brought a claim in the High Court stating that he was left a 1924 Bentley worth £200,000 in Olive Watkin’s Will. This Bentley was once owned by a Battle of Britain pilot and is now at the centre of a dispute with the Deceased’s son.
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Earlier this month a lady was jailed for 8 months after writing a false Will following the sudden death of her wealthy partner.
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This month the High Court has held that a Will executed by a 70 year old man on his death bed, leaving everything to his long term partner was valid and not subject to undue influence.
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Celebrity Gerry Rafferty died from alcohol addiction last year at the age of 63. Mr Rafferty drew up his Will in March 2007, 18 months before he met Miss Fushini, which he never changed despite their relationship. Under the terms of his Will Mr Rafferty has left his home and its contents in California to his daughter. His granddaughter inherited the rest of the Estate in trust, including the rights to all future royalties from Mr Rafferty’s music, estimated to be worth £80,000 a year alone.
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