will in UK Law

Leading Cases
  • Gillett v Holt
    • Court of Appeal (Civil Division)
    • 08 Marzo 2000

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

  • Gill v Woodall & Others
    • Court of Appeal (Civil Division)
    • 14 Diciembre 2010

    Wills frequently give rise to feelings of disappointment or worse on the part of relatives and other would-be beneficiaries.

  • Hoff and Others v Atherton
    • Court of Appeal (Civil Division)
    • 19 Noviembre 2004

    If the court is to be satisfied that the testator did know and approve the contents of his will – that is to say, that he did understand what he was doing and its effect—it may require evidence that the effect of the document was explained, that the testator did know the extent of his property and that he did comprehend and appreciate the claims on his bounty to which he ought to give effect.

  • Re P
    • Chancery Division
    • 09 Febrero 2009

    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. In my judgment the decision maker is entitled to take into account, in assessing what is in P's best interests, how he will be remembered after his death.

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

  • David Robert Perrins (Claimant) Richard Philip Holland (as Executor of the Estate of Robert Perrins Deceased) and Others (Defendants)
    • Chancery Division
    • 31 Julio 2009

    In the light of the totality of the evidence I accept that Mr Ferguson did briefly run through the will; but I do not accept that he spent as long as ten or fifteen minutes doing so. Again, in my judgment, Mr Ferguson was attempting to portray a greater level of care and competence than he in fact possessed.

  • Kostic v Chaplin and Others
    • Chancery Division
    • 17 Diciembre 2007

    First, less importance is attached today than it was in Victorian times to the independent duty of the court to investigate the circumstances in which a will was executed and to satisfy itself as to its validity. Secondly, the courts are increasingly alert to the dangers of encouraging litigation, and discouraging settlement of doubtful claims at an early stage, if costs are allowed out of the estate to the unsuccessful party.

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Legislation
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... (7) Periods specified or extended under this section must be such that, where the court believes that a defendant will by a particular day be able- ... (a) to pay the amount remaining to be paid, or ... (b) to pay an amount towards what remains to be paid, ... that ... ...
  • The East Anglia ONE Offshore Wind Farm Order 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... “onshore cable corridor” means the onshore area in which the cables will be located within the Order limits; ... “stage” means one of the nine stages of the connection works comprised in— ... (a) Works No. 3B and ... ...
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ... ... Commissioner may only accredit a person as a certification provider where the Commissioner—(a) has published a statement that the Commissioner will carry out such accreditation, and(b) has not published a notice withdrawing that statement ... (3) The F136UK national accreditation body may only ... ...
  • Domestic Abuse Act 2021
    • UK Non-devolved
    • 1 de Enero de 2021
    ... ... 2021/1038, reg. 3(b) ... 10: Incidental powers ... (1) The Commissioner may do anything which the Commissioner considers will facilitate, or is incidental or conducive to, the carrying out of the Commissioner's functions ... (2) But the Commissioner may not borrow money ... ...
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Books & Journal Articles
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Law Firm Commentaries
  • Trade Marks & The Law
    • Mondaq United Kingdom
    ... ... 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
    ... ... 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 ... ...
  • Retail Space - Profits And Pitfalls
    • Mondaq United Kingdom
    ... ... 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
    ... ... 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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Forms
  • Provide a statement in support of your application for a special guardianship order
    • HM Courts & Tribunals Service court and tribunal forms
    Standard directions forms under the Children Act.
    ... ... State briefly your reasons for applying. Please only provide brief details, including details of any request you have ... made or will be making to the local authority for special guardianship support services. You may be asked to ... provide a full statement later ... 4. Your plans ... ...
  • Ask the court to witness your step-parent parental responsibility agreement
    • HM Courts & Tribunals Service court and tribunal forms
    Standard directions forms under the Children Act.
    ... ... Read these notes before you make the Agreement ... About the Step-Parent Parental Responsibility ... The making of this agreement will affect the legal ... position of the parent(s) and the step-parent. You ... should seek legal advice before you make the ... Agreement. You can ... ...
  • Reply to an attachment of earnings application (County Court)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... completing this form ... County Court ... ● Tick the correct boxes and give as much information ... as you can. The court will make an order based on the ... information you give on this form. You must give full details ... of your employment and your income and outgoings ... ...
  • Service out of the jurisdiction
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
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