intestacy – Page 2 – Current Awareness

Millburn-Snell and others v Evans – WLR Daily

Posted May 27th, 2011 in administrators, civil procedure rules, intestacy, law reports, striking out by sally

Millburn-Snell and others v Evans [2011] EWCA Civ 577; [2011] WLR (D) 179

“To bring a claim on behalf of an intestate’s estate a claimant should first obtain a grant of administration as a claim purportedly brought by a claimant without a grant of administration was an incurable nullity. CPR r 19.8(1) did not confer on the court jurisdiction to correct deficiencies in the manner in which proceedings had been instituted. It was concerned only with directions for the forward prosecution towards trial of validly instituted proceedings.”

WLR Daily, 25th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lane v Cullens Solicitors and others – WLR Daily

Posted May 13th, 2011 in intestacy, law reports, limitations, negligence, solicitors by tracey

Lane v Cullens Solicitors and others [2011] EWCA Civ 547; [2011] WLR (D) 157

“Where a personal representative had distributed sums out of the relevant estate notwithstanding a notified third party claim against the estate, and sought to sue solicitors in professional negligence, the applicable limitation period could be found to run from the time at which the legal position had altered, viz upon payment out, regardless of the question whether the third party claim was correctly to be characterised as a vested or a contingent claim.”

WLR Daily, 11th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed

Outdated laws lead to rise in court disputes over legacies – The Independent

Posted January 18th, 2010 in intestacy, news by sally

“Outdated laws and complex modern family structures are combining to cause a sharp jump in the number of inheritance disputes reaching the courts.”

Full story

The Independent, 17th January 2010

Source: www.independent.co.uk

Intestacy and Family Provision Claims on Death – Law Commission

Posted October 29th, 2009 in intestacy, news by sally

“On 29 October 2009 we published a Consultation Paper reviewing the law of intestacy and family provision claims on death. The intestacy rules govern the inheritance of assets where a person dies without leaving a will disposing of the whole of his or her property. Whether or not the deceased left a valid will, certain family members and dependants may apply to court for reasonable financial provision from the estate, under the Inheritance (Provision for Family and Dependants) Act 1975 – this is known as a claim for family provision.”

Full story

Law Commission, 29th October 2009

Source: www.lawcom.gov.uk

Thorner v Major and others – WLR Daily

Posted March 26th, 2009 in estoppel, intestacy, law reports by sally

Thorner v Major and others [2009] UKHL 18; [2009] WLR (D) 111

“Oblique assurances by a farmer of an intention to leave a farm to a cousin, who had worked full-time without any remuneration on the farm for 29 years, could constitute a sufficiently clear and unequivocal representation to establish a proprietary estoppel when the farmer ultimately died intestate.”

WLR Daily, 25th March 2009

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.

Thorner v Major and Others – Times Law Reports

Posted March 26th, 2009 in estoppel, intestacy, law reports by sally

Thorner v Major and Others

House of Lords

“Oblique assurances could in the appropriate context constitute a sufficiently clear and unequivocal representation to establish a proprietary estoppel.”

The Times, 26th March 2009

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.

Spouses and civil partners to receive more when partner dies without leaving a will – Ministry of Justice

Posted August 28th, 2008 in civil partnerships, intestacy, married persons, news by sally

“Married couples and civil partners whose spouse or civil partner dies without leaving a will are to benefit from an increase in the statutory legacy under proposals published by the government today.”

Full story

Ministry of Justice, 28th August 2008

Source: www.justice.gov.uk