Probate Law in UK Law
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Shovelar and Others v Lane and Others
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The effect of mutual wills upon the distribution of the estate under a later will which is admitted to probate is a matter for the Chancery Division applying the law of trusts; it is not a matter of probate law and practice. The nature of that litigation is not inquisitorial: it is adversarial and, not infrequently, very adversarial as the two families disunited by death battle for their perceived true inheritance.
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Fuller v Strum
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Probate proceedings peculiarly pose problems for the court because the protagonist, the testator, is dead and those who wish to challenge the will are often not able to give evidence of the circumstances of the will.
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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Taylor and Another v Lawrence and Another
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What will be of the greatest importance is that it should be clearly established that a significant injustice has probably occurred and that there is no alternative effective remedy. The effect of reopening the appeal on others and the extent to which the complaining party is the author of his own misfortune will also be important considerations.
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Bull v Bull
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The son is, of course, the legal owner of the house; but the mother and son are, I think, equitable tenants in common. Each is entitled in equity to an undivided share in the house, the share of each being in proportion to his or her respective contribution. Neither can turn out the other; but if one of them should take more than his proper share the injured party can bring an action for an account.
My conclusion is therefore that the son, although he is the legal owner of the house, has no right to turn his mother out. She has an equitable interest which entitles her to remain in the house as tenant in common with him until the house is sold. If they fall out the house should be sold and the proceeds divided between them in the proper proportions; but he cannot at his will turn her out into the street. The house cannot be sold with vacant possession unless she consents to it.
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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.
- Court of Probate Act 1857
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Supreme Court of Judicature (Consolidation) Act 1925
......following judges, that is to say, the Lord Chancellor, the. Lord Chief Justice, the President of the Probate Division. and the puisne judges of the several Divisions. . (2) The Lord Chancellor or, in his absence, the Lord. Chief Justice, shall be ......
- Probates and Letters of Administration (Ireland) Act 1857
- Colonial Probates Act 1892
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REVIEWS
Book reviewed in this article: The Right of Property. By Vinding Kruse. Translated from the Danish by P. T. Federspiel. Law in the Making. By Carleton Kemp Allen, M.C., M.A., D.C.L. Third Edition, ......... W. FRIEDMANN. aIBSONS PROBATE LAW. Thirteenth Edition. By A. WELDON, H. G. RIVINGTON, and L. C. WARMINGTON. ix + 180 pp. 16s. aIBSONS DIVORCE LAW. Revised ......
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REVIEWS
Book reviewed in this article: Readings in American Legal History. By Professor Mark De Wolfe Howe. Government By Decree. By Marguerite A. Sieghart, ll.b., dr.jur. With a foreword by C. K. Allen. L......... 676 of the compulsory purchase volume is an intruder. GZOROK A. GROVE. MODERN ADMINISTRATION AND PROBATE PRACTI~E AND LAW. By A. V. RISDON and PERCIVAL HANCOCK. Second edition. [London: Sir Isaac Pitman Rr Sons, Ltd. 1950. 1x5 and ......
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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. KER, M.A. (Cantab.), Solicitor of the Supreme Court. [London: Sweet & ......
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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 ......... 1968 and 1969. xxxiv and 218 pp. xxvi and 191 pp. E8 18s. net (each).] THE LAW AND PRACTICE OF NIGERIAN WILLS, PROBATE AND SUCCES- SION. By BRIAN W. HARVEY. [London: Sweet & Maxwell Ltd. Lagos, African Universities Press. 1968. xx and 209 pp. ......
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Lessons from “Clarity on Capacity”: A UK-law perspective on the unique ethical challenges faced by estate planners representing clients with diminished capacity
Florida ethics Rule 4-1.14 and its ABA model-rules counterpart, Rule 1.14, address the unique ethical challenges faced by attorneys representing clients with diminished capacity. To say this is a “...
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Bankr.M.D.Fla.: UK insurance giant Lloyd’s of London stymied by strategic use of Florida’s 2-year non-claim statute; PR has no fiduciary duties prior to getting appointed
In re Estate of Harrison, Slip Copy, 2010 WL 503077 (Bankr.M.D.Fla. Jan 29, 2010) An overarching theme of Florida’s probate code is the tension between basic due-process rights on the one hand and ......In re Estate of Harrison, Slip Copy, 2010 WL 503077 (Bankr.M.D.Fla. Jan 29, 2010) An overarching theme of Florida’s probate code is the tension between basic due-process rights on the one hand and Florida’s strong public policy favoring the speedy administration of ......
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Probate litigation UK style: where there’s a will there’s a war
I’ve written before about the upswing in trusts-and-estates litigation in this country [click here]. Now it’s the U.K.’s turn. An article in the Telegraph entitled Inheritance disputes: where ther...
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Law Society Launches The Wills And Inheritance Quality Scheme
...... recognised quality standard for wills and estate administration in October 2013 with the intention of providing a quality standard for wills, probate and estate administration practices. The Wills and Inheritance Quality Scheme (WIQS) will open for applications on 31 October. It is aimed at ......