Trust/Estate Disputes

Circumstantial evidence and undue influence

Attention: open in a new window. PrintE-mail

Written by Katie Mundy

Schrader v Schrader1 (decided in March last year) looked principally at the issues of capacity, lack of knowledge and approval and undue influence in respect of a challenge to the validity of a Will. Interestingly, circumstantial evidence was considered important when deciding whether undue influence had been asserted.

Read more: Circumstantial evidence and undue influence

 

Will dispute: unconscionable transactions/undue influence

Attention: open in a new window. PrintE-mail

Written by Katie Mundy

In this case1, blood relatives brought a claim against the farming family who benefitted from the deceased’s estate but who were also closer to the testator than his blood relatives.

Read more: Will dispute: unconscionable transactions/undue influence

 

Hart v Burbidge: will dispute - undue influence

Attention: open in a new window. PrintE-mail

Written by Katie Mundy

The size, extent and effect of life time gifts are considered by the court where a challenge is raised against those gifts based on undue influence. 

Read more: Hart v Burbidge: will dispute - undue influence

 

Gift made in contemplation of death

Attention: open in a new window. PrintE-mail

Written by Katie Mundy

Donation mortis causa - when is a gift of property made by a donor in contemplation of their death within the near future and what does in the "near future" mean?

Read more: Gift made in contemplation of death

 

Effect of conduct on Part 36 offers

Attention: open in a new window. PrintE-mail

Written by Katie Mundy

When is conduct taken into account when considering the impact of Part 36 offers?

Read more: Effect of conduct on Part 36 offers

 

Day v Harris [2013] EWCA Civ 191: gifts and enduring powers of attorney

Attention: open in a new window. PrintE-mail

Written by Katie Mundy

This appeal case considers Enduring Powers of Attorney, gifts, joint accounts and the ownership of music manuscripts. Specifically, it considers the meaning of the words ‘to share and keep or sell if you like’. 

Read more: Day v Harris [2013] EWCA Civ 191: gifts and enduring powers of attorney

 

Removal of executors prior to issue of probate

Attention: open in a new window. PrintE-mail

Written by Katie Mundy

At last, some clarification on the use of section 50 of the Administration of Justice Act 1985 to seek the removal of executors prior to issue of a grant of probate.

Read more: Removal of executors prior to issue of probate

 

Will dispute: effect of claimant's bankruptcy

Attention: open in a new window. PrintE-mail

Written by Katie Mundy


What does the effect of bankruptcy have on an individual who later wishes to pursue a potential interest in a property?

Read more: Will dispute: effect of claimant's bankruptcy

 

Guidance on Statutory Wills

Attention: open in a new window. PrintE-mail

Written by Katie Mundy

What does the Court of Protection take into account when granting authority to a deputy to execute a statutory Will?

Read more: Guidance on Statutory Wills

 

Case Summary: Kloosman v Aylen: duplicate bequests

Attention: open in a new window. PrintE-mail

Written by Katie Mundy

In this case a terminally ill man made significant life time gifts to his daughters which duplicated bequests made for them in his existing Will. 

Read more: Case Summary: Kloosman v Aylen: duplicate bequests

 

Ashwin Joshi and 5 Ors v Dhanlaxmi Kirit Kumar Mahida [2013] EWHC 486 (Ch): rectification of a Will

Attention: open in a new window. PrintE-mail

Written by Katie Mundy

In this case the court ordered the rectification of a Will under the Administration of Justice Act 1982 section 20 (1) (a) as there had been a clerical error in its drafting. 

Read more: Ashwin Joshi and 5 Ors v Dhanlaxmi Kirit Kumar Mahida [2013] EWHC 486 (Ch): rectification of a Will

   

Case Summary: Re the Estate of Igor Topciapski v Topciapski : lack of knowledge and approval

Attention: open in a new window. PrintE-mail

Written by Katie Mundy

In this case1 the Claimant (C) applied to set aside the deceased’s Will made in 2009 on the basis that the testator’s capacity was impaired to the extent that he was unable to know and approve its contents.  A lifetime transfer of property made by the testator to his other son, D, was also set aside on the basis of undue influence.  

Read more: Case Summary: Re the Estate of Igor Topciapski v Topciapski : lack of knowledge and approval

   

Case Summary: Re the Estate of Wilson deceased (also known as Turner v Phythian)

Attention: open in a new window. PrintE-mail

Philip Youdan of this firm successfully represented the Claimant, Lynda Turner, in a challenge to the validity of the deceased’s last Will.

Read more: Case Summary: Re the Estate of Wilson deceased (also known as Turner v Phythian)

   

Draft Trustees' Powers Bill issued

Attention: open in a new window. PrintE-mail

Written by Katie Mundy

The Government is proposing to change the current rules on intestacy. The proposed new rules are contained in the draft Inheritance and Trustees' Power Bill1 and this follows the recommendations of the Law Commission in December 2011. 

Read more: Draft Trustees' Powers Bill issued

   

Page 1 of 5