Wills and Probate in UK Law

Leading Cases
  • 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.

  • Whishaw and Another v Stephens and Others
    • House of Lords
    • 31 Octubre 1968

    It is then the duty of the Court by the exercise of its judicial knowledge and experience in the relevant matter, innate commonsense and desire to make sense of the settlor's or parties' expressed intentions, however obscure and ambiguous the language that may have been used, to give a reasonable meaning to that language if it can do so without doing complete violence to it.

  • 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.

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

    When it comes to interpreting wills, it seems to me that the approach should be the same. Whether the document in question is a commercial contract or a will, the aim is to identify the intention of the party or parties to the document by interpreting the words used in their documentary, factual and commercial context. As Lord Hoffmann said in Kirin-Amgen Inc v Hoechst Marion Roussel Ltd [2005] 1 All ER 667, para 64,

    Of course, a contract is agreed between a number of parties, whereas a will is made by a single party. However, that distinction is an unconvincing reason for adopting a different approach in principle to interpretation of wills: it is merely one of the contextual circumstances which has to be borne in mind when interpreting the document concerned.

    In my view, at least subject to any statutory provision to the contrary, the approach to the interpretation of contracts as set out in the cases discussed in para 19 above is therefore just as appropriate for wills as it is for other unilateral documents.

    However, there is now a highly relevant statutory provision relating to the interpretation of wills, namely section 21 of the 1982 Act ("section 21"). Section 21 is headed "Interpretation of wills — general rules as to evidence", and is in the following terms:

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Legislation
  • Court of Probate Act 1857
    • UK Non-devolved
    • 1 de Enero de 1857
    ... ... LXXVII ... [25th August 1857] ... 'WHEREAS it is expedient that all Jurisdiction in relation to the Grant and Revocation of Probates, of Wills and Letters of Administration in England ... should be exercised, in the Name of Her ... Majesty, by One Court:' Be it enacted by the Queen's most ... ...
  • Non-Contentious Probate Rules 1987
    • UK Non-devolved
    • 1 de Enero de 1987
    ... ... S-10 ... Marking of wills Marking of wills ... 10. —(1) Subject to paragraph (2) below, every will in respect of which an application for a grant is made— ... (a) (a) ... ...
  • Administration of Justice Act 1985
    • UK Non-devolved
    • 1 de Enero de 1985
    ... ... 2009/3250, art. 2(i)(iv) ... 7: Preparation of papers for probate etc. by unqualified persons ... (a) the court is invited to pronounce for the validity of one or more wills, or against the validity of one or more wills, or for the validity of one ... ...
  • Forgery Act 1861
    • UK Non-devolved
    • 1 de Enero de 1861
    ... ... As to forging Deeds, Wills, Bills of Exchange, &c.:— S-20 ... Forging Deeds, Bonds, &c. 20 ... same to be forged or altered, or under, upon, or by virtue of any Probate or Letters of Administration, knowing the Will, Testament, Codicil, or ... ...
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Books & Journal Articles
  • REVIEWS
    • No. 23-4, July 1960
    • The Modern Law Review
    Book reviewed in this article: Judicial Review of Administrative Action. By S. A. De Smith, M.A., PH.D. Wills, Probate and Administration. A Manual of the Law. By B. S. Ker, M.A. (Cantab.) The Law ...
    ... ... 0. HOOD PHILLIPS. WILLS, PROBATE AND ADMINISTRATION. A Manual of the Law. By B. S ... ...
  • REVIEWS
    • No. 33-1, January 1970
    • The Modern Law Review
    Precedent in English Law and Other Essays. By James Louis Montrose. Edited by H. G. Hanbury. Precedent in English Law. By Rupert Cross. Second Edition. Double Jeopardy. By Martin L. Friedland. The ...
    ... ... E8 18s. net (each).] THE LAW AND PRACTICE OF NIGERIAN WILLS, PROBATE AND SUCCES- SION. By BRIAN W. HARVEY. [London: Sweet ... ...
  • REVIEWS
    • No. 16-2, April 1953
    • The Modern Law Review
    Book reviewed in this article: PRINCIPLES OF ADMINISTRATIVE LAW. By J. A. G. GRIFFITH, LL.M. MODERN EQUITY. By H. G. HANBURY AN INTRODUCTION TO EQUITY. By G. W. KEETON. CARVER ON THE CARRIAGE OF GO...
    ... ... C. SHORT FORMS OF WILLS. By HENRY BRIGHOUSE, Solicitor. Sixth Edition by EDWARD F ... ...
  • Coming events.
    • No. 2013, October - February 2013
    • Financial Management (UK)
    • Calendar
    ... ... Probate management (joint event with AAT) ... 23 March, 9am ... Future Inn Cabot ... Hotel, Bond Street, Bristol BS1 3EN John Penley OBE will discuss wills, trusts and probate management ... Contact Suzanne Allen on +44 (0)11 ... ...
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Forms
  • a guide for people acting without a solicitor (PA2)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application
    ...How to apply for probate – ... A guide for people applying without a solicitor ... Applying for ... • Information on applying for probate www.gov.uk/wills-probate-inheritance ... • Probate forms and leaflets ... ...
  • Apply for probate by post if there is a will
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application.
    ... ... anything from the original ... will/codicils. Also, make sure ... that you keep a copy for ...  copy of any foreign wills or any wills dealing with assets held outside ... England and Wales (and if not in English, an English translation) ...  n official copy (not a ... ...
  • a guide for people who want to challenge an application for grant on an estate (PA8)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application
    ...Stopping an application for Probate – ... How to enter a Caveat ... A guide for people who want to challenge ... Useful contacts ... For general guidance on wills and probate: ... ...
  • Form PA1A
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application.
    ...PA1A — Probate application ... This form is for an application where the ... person who ... (see additional notes in Section 6) ...  copy of any foreign wills or any wills dealing with assets held outside ... England and Wales (and ... ...
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