‘A bereaved husband who torched all his wife’s money because he was so upset about her dying is now being sued by her lover who is demanding he replaces the cash.’
Daily Telegraph, 9th December 2013
Source: www.telegraph.co.uk
“This is a consultation produced by the President of the Family Division’s Working Group detailing the proposed amendments to the Non-Contentious Probate Rules 1987.”
Judiciary of England and Wales, 17th July 2013
Source: www.judiciary.gov.uk
“Section 50 of the Administration of Justice Act 1985, which contained a power to replace or remove personal representatives, applied to a person named as an executor in a will but who had not been granted probate.”
WLR Daily, 18th May 2013
Source: www.iclr.co.uk
“Sidney Ross reports on two recent probate cases and highlights how they interpret existing case law. In Joshi and others v Mahida [2013] EWHC 486 (Ch) the judge followed Re Segelman in answering three questions to determine the testator’s intentions. Sidney also discusses whether ‘the rule of double portions’ applies in Kloosman v Aylen and others [2013] EWHC 435 (Ch).”
Full story (PDF)
11 Stone Buildings, March 2013
Source: www.11sb.com
“The Legal Services Board (LSB) is today [15 March] publishing two new pieces of research into probate and estate administration.”
Legal Services Board, 15th March 2012
Source: www.legalservicesboard.org.uk
Key and another v Key and others [2010] EWHC 408 (Ch); [2010] WLR (D) 69
“Although affective disorder such as depression, including that caused by bereavement, was more likely to affect powers of decision-making than comprehension, the effect of bereavement on a testator’s mind was a factor to be taken into account when deciding whether he had capacity to make a will and was capable of impairing testamentary capacity.”
WLR Daily, 9th March 2010
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.
Chancery
“When deciding costs in a contentious probate action, the two long-established exceptions to the normal rule that costs followed the event that survived the introduction of the Civil Procedure Rules were: (i) where a testator had been the cause of the litigation, costs should come out of the estate; and (ii) where the circumstances led reasonably to an investigation of the matter, costs should be borne by both sides.”
The Times, 11th January 2008
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.
Claim provides sufficient interest
O’Brien v. Seagrave and Another
Chancery Division
“A claimant who had a right to bring a statutory claim for provision from a deceased’s estate could be said to have an interest in the estate for the purposes of bringing a probate claim.”
The Times, 2nd May 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.
O’Brien v. Seagrave and another [2007] EWHC 788 (Ch)
“A claimant who had a right to bring a statutory claim for provision from the deceased’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 could be said to have a sufficient “interest” in the estate to permit her to proceed with a probate claim under CPR rule 57.7(1).”
WLR Daily, 4th April 2007
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.
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