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Wills

This category contains 37 posts

Between death and probate

Christie v Foster relates to complex inter-jurisdictional matters.  However, one aspect of the case relates to the more prosaic question regarding the role of the executor and when this takes legal effect.  This is considered  in Christie v Foster as follows at [62] to [66]: [62] The Irish executors have applied for probate, but their … Continue reading

Fair is a relative concept

  Families are funny old things.  Blood is thicker than water (fact).  But when it comes to who should get the most after Mum and Dad have died, perceptions can become quite  skewed. In Ngui v Ngui the surviving parent left her estate to her four children in equal shares.  So far so fair.  However, one … Continue reading

Balancing philanthropy and moral duty

In Carson v Lane Thomas J explores the moral duty owed by a father to his estranged adult children balanced against the father’s wishes that his windfall wealth be utilised in the furtherance of research and development of the Galloway breed of cattle.   His final will, which was made in the face of strong legal … Continue reading

Succession Law Reform

The Law Commission has announced the terms of reference for a review of succession law. The law of succession is the system of rules that governs who gets a person’s property when that person dies . The Law Commission will review this law and report to the Minister with recommendations by the end of 2021. … Continue reading

Capacity in context

Jellyman v Jellyman is about two children with different views as to what is in their mother’s best interests.  The matter came before the court because Mrs Jellyman was a trustee of a testamentary trust under her late husband’s will.  Her son Maurice was the other trustee. Mrs Jellyman wanted to sell her home in Hastings … Continue reading

Saunders v Vautier 2019

The rule in Saunders v Vautier is generally well understood.  However, the parameters of the rule are less clear.  As noted in the Law Commission’s Third Issues Paper on the Review of the Law of Trusts “Perpetuities and the Revocation and Variation of Trusts”: The scope of the rule has become wider than merely allowing a … Continue reading

Leave it in the sandpit

Central to the dispute in Roblin v Roblin is two brothers forced into co-trusteeship and co-ownership due to their joint appointment as executors and trustees of their mother’s estate.  The main asset of the estate is a property lived in by one brother and a number of unrelated parties, the terms of whose tenure was … Continue reading

70% too late?

On first blush Kinney v Pardington appears to set the bar for Family Protection Act (FPA)claims at an almost unprecedented 70% in the context of one of three children claiming a breach of moral duty.  However, when the facts are considered, the context of this case, may set it apart due to the very specific … Continue reading

S 182 update

The Court of Appeal has upheld the High Court decision in Thakurdas v Wadsworth that executors can bring proceedings under s 182 of the Family Proceedings Act. As noted at [16]: “We add that it is now settled law that s 182 serves an important purpose in relationship property litigation, allowing courts to address property … Continue reading

Costs bite when trustees fight

Trustees fall out, sometimes to the point where a working relationship is no longer possible. Applications to remove trustees are becoming an increasingly common occurrence. So, should trustees fight attempts to remove them? When is it appropriate to do so, and when not? And what are the potential consequences of misjudged opposition? The recent decision … Continue reading

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