will in UK Law

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

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

  • Marshall (Inspector of Taxes) v Kerr
    • House of Lords
    • 30 June 1994

    In English law the rights of a testamentary legatee in the unadministered estate of a testator are well settled: see Lord Sudeley v. Attorney General [1897] A.C. 11 and Commissioner of Stamp Duties (Queensland) v. Livingston [1965] A.C. 694. A legatee's right is to have the estate duly administered by the personal representatives in accordance with law. But during the period of administration the legatee has no legal or equitable interest in the assets comprised in the estate.

  • Re P
    • Chancery Division
    • 09 February 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.

  • Marley v Rawlings and another
    • Supreme Court
    • 22 January 2014

    When interpreting a contract, the court is concerned to find the intention of the party or parties, and it does this by identifying the meaning of the relevant words, (a) in the light of (i) the natural and ordinary meaning of those words, (ii) the overall purpose of the document, (iii) any other provisions of the document, (iv) the facts known or assumed by the parties at the time that the document was executed, and (v) common sense, but (b) ignoring subjective evidence of any party's intentions.

  • Fuller v Strum
    • Court of Appeal (Civil Division)
    • 07 December 2001

    What is involved is simply the satisfaction of the test of knowledge and approval, but the court insists that, given that suspicion, it must be the more clearly shown that the deceased knew and approved the contents of the will so that the suspicion is dispelled. But in a case where the circumstances are such as to arouse the suspicion of the court the propounder must prove affirmatively that knowledge and approval so as to satisfy the court that the will represents the wishes of the deceased.

    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.

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

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  • Serious Crime Act 2015
    • UK Non-devolved
    • January 01, 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 ... ...
  • Mental Capacity (Amendment) Act 2019
    • UK Non-devolved
    • January 01, 2019
    ... ... make an application to the court to exercise its jurisdiction under section 21ZA;(g) reviews under paragraph 38, including—(i) when a review will be carried out;(ii) the rights to request a review;(iii) the circumstances in which a referral may or will be made to an Approved Mental Capacity ... ...
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... for an injunction under section 1 must before doing so—(a) consult the local youth offending team about the application, if the respondent will be aged under 18 when the application is made;(b) inform any other body or individual the applicant thinks appropriate of the application.This ... ...
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 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 ... ...
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Books & Journal Articles
  • Enhancing Legal Co-operation Within the Commonwealth: Proposal for the Establishment of the Commonwealth Network of Contact Persons
    • Criminal Law Issues
    • Memoranda
    • Commonwealth Secretariat
    • 195-201
    Introduction. Background of other networks. European Judicial Network. The Spanish and Portuguese Speaking Network. The commonwealth network - the proposed scheme. Objective of the network. Composi...
    ... ... They will improve coordination of mutual legal assistance in criminal cases where requests from the prosecution authorities in a Commonwealth criminal ... ...
  • Implementing International Environment Instruments in Small States
    • Legal Development Issues
    • Roundtable Discussions
    • Commonwealth Secretariat
    • 423-429
    Background. Summary of International Environment Agreements. Conclusions and Submissions. Annex. Parties to conventions for the conservation and management of the environment and related agreements.
  • Volvo S80: a grown-up car for overgrown executives.
    • No. 2000, December 2000
    • Financial Management (UK)
    • Brief Article - Evaluation
    ... ... If you share it with another driver, the car will remember your seat position. And the really flash might want cruise control, illuminated driver vanity mirror, sports seats with leather upholstery ... ...
  • Correction.
    • No. 2000, December 2000
    • Financial Management (UK)
    • Chartered Institute of Management Accountants membership list on CD - Brief Article - Correction Notice
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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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  • 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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