will in UK Law

Leading Cases
  • Gillett v Holt
    • Court of Appeal
    • 08 n 2000,08 n 2000

    Moreover the fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine.

  • Re P
    • Chancery Division
    • 09 a 2009

    There is one other aspect of the “best interests” test that I must consider. In deciding what provision should be made in a will to be executed on P's behalf and which, ex hypothesi, will only have effect after he is dead, what are P's best interests? Mr Boyle stressed the principle of adult autonomy; and said that P's best interests would be served simply by giving effect to his wishes. That is, I think, part of the overall picture, and an important one at that.

  • Re Hancock (Deceased)
    • Court of Appeal
    • 01 l 1998

    In the great majority of contested applications the court is involved in a balancing exercise among the many factors to which s.3 of the 1975 Act requires the court to have regard. Some factors may be neutral but many will go in the scales either in favour of or against the proposition that there has been a failure to make reasonable financial provision for the applicant. The word "special" means no more than what is needed to overcome the factors in the opposite scale.

  • In the Estate of Park, decd. Park v Park
    • Court of Appeal
    • 02 1953

    The question, I think, is this: Was Mr Parkon the morning of the 30th May, 1949, capable of understanding the nature of the contract into which he was entering, or was his mental condition such that he- was incapable of understanding it? Now, in order to ascertain the nature of the contract of marriage a man must be mentally capable of appreciating that it involves the responsibilities normally attaching to marriage.

  • Thomas and Agnes Carvel Foundation v Carvel and another
    • Chancery Division
    • 11 a 2007

    The overriding consideration is, therefore, whether the trusts are being properly executed; or, as he put it in a later passage, the main guide must be “the welfare of the beneficiaries”. He referred to cases in which there was a conflict between trustee and beneficiary and continued:

  • White and Another v Jones and Another
    • House of Lords
    • 16 a 1995

    Although the categories of cases in which such special relationship can be held to exist are not closed, as yet only two categories have been identified, viz. (1) where there is a fiduciary relationship and (2) where the defendant has voluntarily answered a question or tenders skilled advice or services in circumstances where he knows or ought to know that an identified plaintiff will rely on his answers or advice.

  • Fuller v Strum
    • Court of Appeal
    • 07 m 2001

    However, it is instructive to consider the recent decision of Lloyd J. in Hart v Dabbs, unreported, 6 July 2000, as illustrating the properly objective approach of the court in a case where the suspicion of the court has been aroused. In that case the propounder of the will made by a wealthy 74 year old man was a person who was alleged to have killed the deceased unlawfully.

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Books & Journal Articles
  • Further Initiatives in Capacity Building to Combat Terrorism
    • Criminal Law Issues
    • Memoranda
    Background. Initiatives. Abuse of Technology. Action Sought. Tracking and Disrupting the Movement of Terrorists and Preventing Abuse of Travel Documents. Action sought. Abuse of Refugee Systems. Ac...
  • Towards Good Practice in Juvenile Justice Policy in the Commonwealth
    • Justice And Good Governance Issues
    • Memoranda
    1. Introduction.2. Methodology. 3. Key Issues. 3.1 Ages of criminal responsibility, prosecution and adulthood. 3.2 Dealing with antisocial behaviour. 3.3 The aims of juvenile justice. 3.4 Restorati...
    ......The age of criminal responsibility was traditionally viewed as the age at which societies were willing to punish child offenders and so 'higher' ages were seen as protective. Given the shifts in emphasis in the aims of juvenile justice, there may be ......
  • "FULL TAKE-OR-PAY STRUCTURES ARE NOT SUSTAINABLE".
    • Nr. 465, July 2019
    • African Business
    ......Goumble calls it a new era in the energy sector--a shift that will require a new ways of thinking and providing an integrated approach. This shift will apply to funding models and network operations, which are ......
  • "We count, we are going to count more." (interview with African Development Bank President Babacar Ndiaye) (Interview)
    • Nr. 192, October - October 1994
    • African Business
    ......There is really no going back from this point. . But this is still a period of change, a period of flux. People will cling on to what worked in the past until they can be shown that it no longer works. That is human nature. . Accountability and responsible ......
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Law Firm Commentaries
  • Trade Marks & The Law
    • Mondaq United Kingdom
    • 2001/07/05
    ...... consumers can identify with certain products and services and so be given a sense of assurance that their requirements of quality and taste will be met. . Independent of the above traditional functions and purposes of trade marks - given that businesses have invested enormous resources to ......
  • PPC 2000 Ironing Out The Risk In Contracting
    • Mondaq United Kingdom
    • 2001/08/07
    ...... The Client will simply look to the Constructor. It is for the Constructor to negotiate how the partnering team members will meet their liabilities to him. There is ......
  • Retail Space - Profits And Pitfalls
    • Mondaq United Kingdom
    • 2001/09/30
    ......If it is known that a particular entrance will be closed, the lease should expressly refer to this. If there were a re-development of a hospital, this could expose the landlord to an action if ......
  • Paying The Price Of Contaminated Land
    • Mondaq United Kingdom
    • 2001/10/15
    ....... The 'polluter pays' principle is a useful starting point and, in general, a tenant will be legally responsible for any pollution that it has caused. So, if the tenant's oil tank has leaked and contaminated a watercourse, it is the ......
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