‘The Supreme Court today ordered a solicitor’s insurer to pay the bulk of both parties’ costs over a wills dispute arising when a married couple each signed the wrong draft of a will.’
Law Society’s Gazette, 18th September 2014
Source: www.lawgazette.co.uk
Lim (An infant) v Walia [2014] EWCA Civ 1076; [2014] WLR (D) 339
‘Where the deceased had a contingent right, immediately before her death subject to proof, to have the benefit under a joint life policy brought forward because of a terminal illness, but her death brought that right to an end, there was no interest of any value to be treated as part of her estate under section 9(1) of the Inheritance (Provision for Family and Dependants) Act 1975.’
WLR Daily, 29th July 2014
Source: www.iclr.co.uk
‘The government has refused to be drawn into the row over controversial advice from the Law Society on Sharia-compliant wills, but insisted that it “does not, and cannot, change the law”.’
Legal Futures, 28th July 2014
Source: www.legalfutures.co.uk
‘A dead estate agent’s girlfriend found guilty of using a forged will to stop his estranged wife inheriting his £3m fortune has had her conviction quashed.’
BBC News, 10th July 2014
Source: www.bbc.co.uk
‘Whether it’s wanting to be buried in a biodegradable coffin, having your ashes scattered over Anfield, or being laid to rest in a royal crypt, most of us have strong feelings about what happens to our bodies after death. Now legal experts are proposing to make those wishes legally binding for the first time.’
The Independent, 25th May 2014
Source: www.independent.co.uk
‘Solicitors organisation warns that too much valuable, intellectual property is in danger of being lost when we die.’
The Guardian, 16th April 2014
Source: www.guardian.co.uk
‘Jimmy Savile died on 29 October 2011. The current value of his estate, after allowing for a range of expenses that have been incurred, was about £3.3 million. Jimmy Savile left a will. The executor of the will and Jimmy Savile’s personal representative was National Westminster Bank plc (“the Bank”). Various individuals were named in the will as beneficiaries (“the individual beneficiaries”). These included a small number of close relatives and friends, each of whom was given a relatively modest bequest. However, under the will, the bulk of the residue of Jimmy Savile’s estate was left to the Jimmy Savile Charitable Trust (“the Trust”). That Trust was intended to serve a number of very worthwhile and valid charitable causes, including Help for Heroes.’
Sovereign Chambers, 19th March 2014
Source: www.sovereignchambers.co.uk
‘Islamic law is to be effectively enshrined in the British legal system for the first time under guidelines for solicitors on drawing up “Sharia compliant” wills.’
The Independent, 23rd March 2014
Source: www.independent.co.uk
‘A man who accused his unemployed sister of waiting for their mother to die so she could cash in on her inheritance forged the signature on his parent’s will when she lay on her deathbed, a judge has ruled.’
Daily Telegraph, 13th March 2014
Source: www.telegraph.co.uk
‘A Gloucestershire solicitor who also served as the county’s coroner has been struck off after taking nearly £2m from clients to fund an extravagant lifestyle.’
Legal Futures, 11th March 2014
Source: www.litigationfutures.com
‘A dairy farmer’s daughter who claims she led a Cinderella existence tending the cows while her teenage siblings went dancing is suing her elderly parents for a share of their £7million estate.’
Daily Telegraph, 10th March 2014
Source: www.telegraph.co.uk
‘On 3 March 2014 Mrs Justice Parker handed down judgment in the appeal on the issue of quantum in the case of Ilott v Mitson [2014] EWHC 542 (Fam). The case concerned an application for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”).’
Zenith Chambers, 6th March 2014
Source: www.zenithchambers.co.uk
In re Robson, decd; White v Matthys and others [2014] WLR (D) 54
‘A residuary legatee’s chose in action was “property” for the purposes of the Political Parties, Elections and Referendums Act 2000. Therefore, where a person who was not a permissible donor left the residue of his estate to a registered political party, and that party received and accepted the gift, the prohibition on foreign donations in section 54 of the 2000 Act was breached.’
WLR Daily, 31st January 2014
Source: www.iclr.co.uk
‘Would it be a fantasy too far to imagine that the ghost of the late Lord Denning has been whispering in the ears of their Lordships Neuberger, Clarke, Sumption, Carnwath and Hodge? Possibly not, given the Denning-esque outcome in the wills “mix-up” case of Marley v Rawlings and another. The facts of the case were simple. Mr and Mrs Rawlings wanted mirror wills leaving everything to each other and thereafter to Terry Marley who they treated as a son. On 17 May 1999 their solicitor visited them with drafted wills for the purpose of execution. However, Mr Rawlings executed Mrs Rawlings’ will and vice versa. Both wrongly executed wills were witnessed by their solicitor and a secretary. Each will correctly used such relevant words as “his”, “her”, “testator” and “testatrix”.’
Halsbury’s Law Exchange, 6th February 2014
Source: www.halsburyslawexchange.co.uk
‘A will writer who stole more than £280,000 from clients over nearly three years has been found guilty of fraud.’
BBC News, 4th February 2014
Source: www.bbc.co.uk
‘Alfred and Maureen Rawlings’ wills were contested after a clerical error saw them sign each other’s paperwork.’
Daily Telegraph, 23rd January 2014
Source: www.telegraph.co.uk
Marley v Rawlings and another [2014] UKSC 2; [2014] WLR (D) 18
A will did not have to satisfy the requirements for formal validity prescribed by section 9 of the Wills Act 1837, as amended, or have the testator’s knowledge and approval before it could be treated as a “will” which was capable of being rectified under section 20 of the Administration of Justice Act 1982.
WLR Daily, 22nd January 2014
Source: www.iclr.co.uk
Marley (Appellant) v Rawlings and another (Respondents) [2014] UKSC 2 | UKSC 2012/0057 (YouTube)
Supreme Court, 22nd January 2014
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