Wright and another v Gater and another; [2011] EWHC 2881 (Ch); [2011] WLR (D) 318
“The court should not in principle regard the postponement of the vesting of an estate as ‘beneficial’.”
WLR Daily,7th November 2011
Source: www.iclr.co.uk
Shovelar and others v Lane and others [2011] EWCA Civ 802; [2011] WLR (D) 224
“The question of the effect of mutual wills upon the distribution of an estate under a later will which was admitted to probate was a matter for the Chancery Division, applying the law of trusts, and it was not a matter of probate law and practice. Accordingly, the unsuccessful executors in an action of that nature were not entitled to rely upon the ‘probate rule’ so as to justify departure from the usual costs rule.”
WLR Daily, 12th July2011
Source: www.iclr.co.uk
“Where a sole residuary legatee under a will became bankrupt but was automatically discharged from bankruptcy before the completion of the administration of the estate of the testator, the money and assets which were thereafter ascertained to form the net residuary estate were payable to his trustee in bankruptcy.”
WLR Daily, 13th November 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Caudle v LD Law Ltd [2008] EWHC 374 (QB); WLR (D) 78
“A person who intends to exercise his entitlement to apply for a grant of letters of administration of an estate does not have an enforceable right to immediate possession of property formerly owned by the deceased unless it is necessary that he takes possession to safeguard the estate.”
WLR Daily, 10th March 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Protecting creditors
Chancery Division
“When deciding whether to sanction payment by the administrators of an estate to admitted creditors and the subsequent distribution to beneficiaries without reference to disputed and potential creditors’ claims, the court should consider whether any, and if so what protection should be afforded to the potential creditors.”
The Times, 16th April 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
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