Heirs in UK Law

  • Re Erskine 1948 Trust
    • Chancery Division
    • 29 March 2012
    ... ... testator's widow and, on her death without issue (which happened in 1971), residue was given to the testator's three half-siblings 'or their heirs and surviving issue'. He then held that the heirs were to be ascertained in accordance with pre-1926 law by virtue of section 132 of the Law of ... ...
  • Re Dicey, deceased ; Julian v Dicey
    • Court of Appeal
    • 01 November 1956
    ... ... , that law did not permit trusts or contracts which would restrict the free disposal of land by its owner: nor could a testator appoint heirs to his heirs of such land, and the hair who become owner could not bind himself not to dispose of that load. Mrs Brecon claimed legitim and forfeited ... ...
  • Re Drake, decd
    • Court of Appeal (Civil Division)
    • 29 April 1970
    ... ... 18 "The reason why the expressions 'issue male', 'male descendants', 'male heirs' or what is the same thing 'male heirs of the body', bear a prima facie meaning which connotes persons claiming through the male line does not ... ...
  • Re Berger, decd
    • Court of Appeal (Civil Division)
    • 21 July 1988
    ... ... 4. A command that all the heirs should give Mr. Berger's wife an income of £100 per week free of tax, as a director's fee or in some other way. 5. A declaration that the ... ...
  • Elliot v Lord Joicey
    • House of Lords
    • 14 February 1935
    ... ... such his child or children as should be living at the time of his decease (other than an excepted named child) as tenants in common and the heirs and assigns of such child for ever ... 34 In ( Thellusson v. Woodford 11 Ves. 112 ) the matter was debated in your Lordships' House in ... ...
  • Re Dws, Decd v G and Others
    • Court of Appeal (Civil Division)
    • 09 November 2000
  • Re Burnyeat. Burnyeat v Ward
    • House of Lords
    • 21 March 1924
    ... ... , by his will devised them to four persons whom he named as his executors upon trust to sell and to hold the proceeds for themselves and their heirs. Two of these executors were Roman Catholics; and two were, according to the phraseology of the day, Protestants. By codicil he altered the devise ... ...
  • Morgan and Another v Ministry of Justice and Another
    • Queen's Bench Division
    • 03 September 2010
    ... ... it amounted to an award to the estate of the deceased and the award was therefore made on the basis that it be held for the estate or the heirs of the deceased." ... 61 Mr Sanders submits that the European Court of Human Rights applies a narrower, ... ...
  • Reading and Another v Reading and Others
    • Chancery Division
    • 05 February 2015
    ... ... They are to the effect that a gift to issue includes descendants in every degree, that the use of "issue" is more flexible than "heirs of the body" and that it is not necessarily restricted to children ... 29 Mr Hewitt referred me next to Re Jeans , ... ...
  • Unger and another (in substitution for Hasan) v Ul-Hasan (Deceased) and another
    • Supreme Court
    • 28 June 2023
    Matrimonial proceedings and property act. Order for financial relief. Personal rights. Cause of action. True construction
    ... ... from deceased's estate.” However, there is no express provision in section 12 in that there is no reference to the estate, representative, heirs, or successors of either party to the marriage ... 86 Third, Parliament used the phrase “either party to the marriage” in section 12(1) ... ...
  • See all results