swarb.co.uk - law index
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Wills and Probate - From: 1980 To: 1984
This page lists 19 cases, and was prepared on 04 June 2015.
In re Bourke's Will Trusts; ChD 1980 -  1 WLR 539
In re Beaumont, Deceased; Martin -v- Midland Bank Trust Co Ltd; 1980 -  1 Ch 444;  1 All ER 266
Ross -v- Caunters (a firm); ChD 1980 -  Ch 297
Re Grant's Will Trusts; ChD 1980 -  1 WLR 360
Jelley -v- Illife  Fam 128;  2 All ER 29
Stephenson LJ, Griffiths LJ
Family, Wills and Probate
The court referred to the case of In re Beaumont and continued: "In considering whether a person is being maintained immediately before the death of the deceased, it is the settled basis or general arrangement between the parties as regards maintenance during the lifetime of the deceased which has to be looked at, not the actual, perhaps fluctuating, variation of it which exists immediately before his or her death. It is, I think, not disputed that a relationship of dependence which has persisted for years will not be defeated by its termination during a few weeks of mortal illness." and "Accordingly, I am of opinion that the court has to consider whether the deceased, otherwise than for valuable consideration (and irrespective of the existence of any contract), was in fact making a substantial contribution in money or money's worth towards the reasonable needs of the plaintiff on a settled basis or arrangement which either was still in force immediately before the deceased's death or would have lasted until her death but for the approach of death and the consequent inability of either party to continue to carry out the arrangement." Griffiths LJ: "The words 'immediately before the death of the deceased' in section (1)(1)(e) cannot be construed literally as applying to the de facto situation at death, but refer to the general arrangements for maintenance subsisting at the time of death. So that if for example the deceased had been making regular payments to the support of an old friend, the claim would not be defeated if those payments ceased during a terminal illness because the deceased was too ill to make them."
Inheritance (Provision for Family and Dependants) Act 1975 1
In re Cleaver dec'd, Cleaver -v- Insley; ChD 1981 -  1 WLR 939;  2 All ER 1018
In re Salmon (Deceased); 1981 -  Ch 167
Escritt -v- Escritt; 1981 -  3 FLR 280
In re Dennis (Deceased); 1981 -  2 All ER 140
Re Flynn Deceased; ChD 1982 -  1 WLR 310
Re Flynn; ChD 1982 -  1 WLR 310
In re D (J)  2 WLR 373;  2 All ER 37;  Ch 237
Sir Robert Megarry VC
Wills and Probate, Health
The patient, a widow had five children. After she became a mental inpatient the court was asked to draft a statutory will. Held: The court emphasised the need to provide full details of the estate assets and family background. An order that a will should not be executed pending an appeal was wrong in principle. The court laid down the principles upon which it should act. A letter of offer was taken into account on the question of costs.
Mental Health Act 1959 100(4) 102(1) 103(1)(dd)
Re Orwell's Trust  1 WLR 1337
Wills and Probate, Legal Professions, Company
The term "firm" may include a company: "Whilst the term 'firm' in its narrowest sense is apt to describe an unincorporated partnership it is in ordinary usage frequently applied as a description of a private company."
Kourkgy -v- Lusher; 1983 - (1983) 4 FLR 65; 12 Fam Law 86
Re Rapley, deceased; ChD 1983 -  1 WLR 1069
Gartside -v- Sheffield Young & Ellis; 1983 -  NZLR 37
Re Bunning, deceased; Bunning -v- Salmon; ChD 1984 -  1 Ch 480;  3 WLR 265;  3 All ER 1
Re Callaghan, deceased; 1984 -  Fam 1;  3 All ER 790
Re Besterman, decd; CA 1984 -  Ch 458
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