![David Lester (senior partner at Blythe Liggins), Darryl Barnes, Jagdeep Sandher (head of dispute resolution at Blythe Liggins)[4]](https://d1d8vslyhr7rdg.cloudfront.net/Pictures/274x183/4/2/8/116428_davidlesterseniorpartneratblytheligginsdarrylbarnesjagdeepsandherheadofdisputeresolutionatblytheliggins4_981603_crop.jpg)
Professor Lesley King
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Will signed on behalf of testator
The case of Barrett v Bem [2011] EWHC 1247 Ch is interesting because of the comments on the nature of probate jurisdiction, and for the guidance it gives on signatures on behalf of a testator.
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Presumption of death; intestacy and polygamous marriages
There have been some rather unusual recent cases that invite comment.
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Probate update: RSPCA appeals
What an exciting month December was. We got decisions in the two big RSPCA appeals.
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Wills and testamentary capacity
Perrins v Holland and others [2010] EWCA Civ 840 Mr Justice Lewison had applied the principles of Parker v Felgate (1883) 8 PD 171 to declare a will valid where the testator had given instructions in April 2000 but did not execute the will until September 2001, at which point ...
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Probate: another disputed will relating to a farm
There seems no end to the flood of disputed wills relating to farms. The most recent is Key v Key [2010] EWHC 408 (Ch).
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Probate: inheritance tax, mistakes, Hastings-Bass and disinherited children
Mr Pitt was left brain damaged after a road accident. His wife was appointed his receiver. Mr Pitt received £1.2m in agreed damages. Acting on the advice of financial advisers Mrs Pitt transferred the lump sum to a discretionary settlement.
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Probate: revocation of will by subsequent formation of civil partnership
Revocation of will by subsequent formation of civil partnership: Court and Others v Despallieres [2009] EWHC 3340 (Ch).Section 18B (1) of the Wills Act 1837 contains provisions with regard to the revocation of a prior will by the formation of a civil partnership, which parallel those contained in section 18 ...
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Probate: privileged wills and not-so-helpful help
Just how unusual it is to have a modern case on privileged wills is, perhaps, indicated by the comment of judge Peter Langan at the start of his judgment in Re Estate of Ashley Edward Servoz-Gavin, deceased 14 September 2009: ‘The case has involved a forensic journey on a path ...
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Inheritance Act: scrutiny of information to the Revenue
Section 247 of the Inheritance Act 1984 (IHTA) provides that anyone who fraudulently or negligently submits an incorrect account, information or document to the Inland Revenue shall be liable to a penalty.
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Probate law: equitable election, proprietary estoppel
In Frears v Frears [2008] EWCA Civ 1320, the Court of Appeal had to consider the equitable doctrine of election.
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A round-up of recent events in probate
The statutory legacy payable on intestacy to surviving spouses and civil partners rose as of 1 February 2009 to £250,000 where there are children and £450,000 where there are no children but parents or siblings.
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Lack of capacity and beneficiary liability
Baker v Baker [2008] WTLR 565 illustrates an increasing tendency for probate cases to involve a number of different claims.
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Mutual will arrangements
Olins v Walters [2007] EWHC 3060 Ch is a short judgment but it contains many interesting points.