All articles by Lesley King
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FeatureApplying for relief against forfeiture
Macmillan Cancer Support v Hayes [2017] EWHC 3110 (Ch)
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FeatureTestamentary freedom – Ilott v The Blue Cross and others
Judgment finally lays to rest this extraordinarily long-running litigation saga.
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FeatureWills and probate: relief from forfeiture
When can the court relieve intended beneficiaries with criminal records from forfeiting estates?
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FeatureDonatio mortis causa
King v Chiltern Dog Rescue and Redwings Horse Sanctuary [2015] EWCA Civ 581
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FeatureProbate: proprietary estoppel
What must a claimant show if a case of proprietary estoppel is to succeed?
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FeatureProceed with caution
Matters to consider in applications to vacate a caution entered against estate assets.
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FeatureNil-rate band legacies
Wills made before 2007 by testators who by the date of death had acquired transferred nil-rate band have presented problems.
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FeatureThe costs of rectification
This case continues to generate interesting discussion in the Supreme Court – this time on the issue of costs.
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FeatureInterpreting wills
We look at an example of a misunderstanding of the purpose of a precedent following Lords’ decisions on interpretation.
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FeatureProbate: rectification and interpretation
An in-depth look at the recent important wills mix-up judgment.
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FeatureProbate: dealing with debts
A recent case gives a rare insight into the legal rules on the incidence of debts related to a will.
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FeatureDelay in preparing will – professional negligence
What will happen to firms that fail to prepare a will where there are doubts about the testamentary capacity of the client?
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News
Statutory wills
In a very helpful judgment, Behrens J reviewed the recent decisions on statutory wills and produced a summary of how to make a decision that is in P's best interests, in the context of a statutory will. The statutory provisions The law ...
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News
Probate: establishing the testator’s intention
The rule against double portions is intended to give effect to the presumed intention of parents. It applies where a testator leaves a child a portion by will and then makes a lifetime gift of a portion to that child. The court presumes that a parent would not intend to ...
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Testamentary capacity
In Hawes v Burgess [2013] EWCA Civ 74, the Court of Appeal upheld the trial judge’s finding that the deceased’s last will (which cut out her son) was invalid and that her earlier will (leaving everything equally to her three children) therefore remained unrevoked.
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Detrimental move?
Bradbury v Taylor & Burkinshaw [2012] EWCA Civ 1208 This is a slightly unusual proprietary estoppel case in that it was brought by the alleged promisor, Bill, who sought a declaration that the defendants had no beneficial interest in his house. They counterclaimed for a ...
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Executors of Bernard Matthews v Matthews
As paragraph 2 of the judgment (September 5 2012, see link to the law report below) says: ‘Mr Matthews was the founder of a very successful turkey farming and food production business which grew into a household name. His memorable advertisements of its products can still be seen on YouTube.’