will in UK Law

Leading Cases
  • Gillett v Holt
    • Court of Appeal (Civil Division)
    • 08 Março 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 Fevereiro 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 (Civil Division)
    • 01 Maio 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 Novembro 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.

  • Kostic v Chaplin and Others
    • Chancery Division
    • 17 Dezembro 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.

  • Thomas and Agnes Carvel Foundation v Carvel and another
    • Chancery Division
    • 11 Junho 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 Fevereiro 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.

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Books & Journal Articles
  • Further Initiatives in Capacity Building to Combat Terrorism
    • Criminal Law Issues
    • Memoranda
    • Commonwealth Secretariat
    • 203-208
    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
    • Allison Morris/Loraine Gelsthorpe
    • Professor of Criminology/Reader in Criminology and Criminal Justice
    • 1-37
    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 ......
  • "British forces in Afghanistan seize 50m [pounds sterling] of heroin".
    • Núm. 2009, March - May 2009
    • Financial Management (UK)
    • ... last out
  • 'Disappointed by the worldwide gender pay gap'.
    • Núm. 2012, February 2012
    • Financial Management (UK)
    • Tilley, Charles
    • CIMA CEO column
    ......Added to this a significant number of female respondents said that they work part time or had a short working week. Evidently, this will have an impact on the overall statistics. . But it does not explain the whole problem. The phenomenon is too widespread. And I cannot help but feel ......
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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 is ......
  • 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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