Wills and Probate in UK Law
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Gill v Woodall & Others
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Wills frequently give rise to feelings of disappointment or worse on the part of relatives and other would-be beneficiaries.
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Olins v Walters
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It is a legally necessary condition of mutual wills that there is clear and satisfactory evidence of a contract between two testators. However, the argument resting on the alleged insufficiency or uncertainty of the terms of this contract is misconceived. The case for the existence of mutual wills does not involve making a contractual claim for specific performance or other relief.
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Gillett v Holt
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Moreover the fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine.
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Whishaw and Another v Stephens and Others
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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.
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Marley v Rawlings and Another
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This dual function is consistent with the historical roots of the present provision.
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Fuller v Strum
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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.
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Marley v Rawlings and another
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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.
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Court of Probate Act 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 ... ...
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Non-Contentious Probate Rules 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) ... ...
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Public Trustee Act 1906
... ... Power as to granting probate. 6 Power as to granting probate ... (1) If in pursuance of any rule ... public trustee is authorised to accept by that name probates of ... wills or letters of administration, the court having jurisdiction ... to grant ... ...
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Administration of Justice Act 1982
... ... certain actions for loss of services; to amend the law relating to wills; to make further provision with respect to funds in court, statutory ... of Justice;(b) the Keeper of the Registers of Scotland; and(c) the Probate and Matrimonial Office of the F17Court of Judicature of Northern ... ...
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REVIEWS
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 ... ...
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REVIEWS
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 ... ...
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REVIEWS
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 ... ...
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Coming events.
... ... 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 ... ...
- Cross-border Wills, Probate, Trusts And Tax, Vital Considerations For British Citizens Living In Italy, Spain Or Portugal
- Cross-border Wills, Probate, Trusts And Tax, Vital Considerations For British Citizens Living In Italy, Spain Or Portugal
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- Ep11: Trusted Advisor With Our Wills, Trusts And Probate Team (Podcast)
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a guide for people acting without a solicitor (PA2)
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 ... ...
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Apply for probate by post if there is a will
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 ... ...
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a guide for people who want to challenge an application for grant on an estate (PA8)
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: ... ...
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Form PA1A
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 ... ...