Probate Law in UK Law

Leading Cases
  • Shovelar and Others v Lane and Others
    • Court of Appeal (Civil Division)
    • 12 Jul 2011

    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.

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

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

    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.

  • Taylor and Another v Lawrence and Another
    • Court of Appeal (Civil Division)
    • 04 Feb 2002

    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.

  • Cookson v Knowles
    • Court of Appeal (Civil Division)
    • 25 May 1977

    The Courts invariably assess the lump sum on the "scale" for figures current at the date of the trial - which is much higher than the figure current at the date of the injury or, at the date of the writ. The plaintiff thus stands to gain by the delay in bringing the case to trial. He ought not to gain still more by having interest from the date of service of the writ.

  • Anne Worby and Others v Jonathan Arnold Rosser
    • Court of Appeal (Civil Division)
    • 28 May 1999

    The remedy fashioned on White v Jones was needed to fill a lacuna. The remedy is provided in circumstances in which it can be seen that there is a breach of duty by the solicitor to the testator in circumstances in which the persons who have suffered loss from that breach will have no recourse unless they can sue in their own right.

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Legislation
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Books & Journal Articles
  • REVIEWS
    • Núm. 3-3, Enero 1940
    • The Modern Law Review
    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 ......
  • REVIEWS
    • Núm. 13-4, Octubre 1950
    • The Modern Law Review
    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 ......
  • REVIEWS
    • Núm. 23-4, Julio 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. KER, M.A. (Cantab.), Solicitor of the Supreme Court. [London: Sweet & ......
  • REVIEWS
    • Núm. 33-1, Enero 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 ...
    ...... 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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