We have another notable proprietary estoppel case, concerning the ubiquitous farm, but in this instance featuring an actual fight in the milking parlour: the bucolically named Habberfield v Habberfield [2018] EWHC 317 (Ch).The decision of Birss J is of particular interest for his approach to the issue of the relief to be granted in satisfying the equity […]
06
Mar
Mar
HHJ Matthews costs ruling following the trial of the proprietary estoppel and probate claim in James v James & Ors [2018] EWHC 242 (Ch) (see my post on the substantive issues here) has been published and provides a helpful reminder of the contentious probate costs rules and the consequences of failing to follow the prescribed […]
28
Feb
Feb
Photo credit: Composite – Reuters/Corbis/Getty The subject of posthumous DNA testing received international attention last year in the case of Salvador Dalí and we have had two decisions this month on the issue from the courts of England and Wales: Anderson v Spencer [2018] EWCA Civ 100, in which the Court of Appeal upheld the High Court’s […]
18
Feb
Feb
HHJ Paul Matthews, sitting as a High Court Judge, has recently revisited the ingredients of proprietary estoppel and the requirements for establishing testamentary capacity in James v James [2018] EWHC 43 (Ch). The case has been widely reported in the press, including the Daily Mail, whose take on the case was put as follows: “Farmer’s son who […]
15
Feb
Feb
This is, I must concede, one for the property law geeks (such as myself) who find excitement in the debate over whether or not s.60(3) of the Law of Property Act 1925 has swept away the presumption of a resulting trust upon the gratuitous transfer of land. Chief Master Marsh has weighed into the fray […]
19
Sep
Sep
On the heels of the Supreme Court judgment in Ilott v Mitson, we have two recent cases of interest concerning claims under the Inheritance (Provision for Family and Dependants) Act 1975 that follow and apply the dicta of the Supreme Court in Ilott: Ball v Ball [2017] EWHC 1750 (Ch), a decision of Judge Paul Matthews sitting […]
26
Apr
Apr
The High Court in Roberts v Fresco [2017] EWHC 283 (Ch) has confirmed that claims under the Inheritance (Provision for Family and Dependants) Act 1975 are purely personal and non-inheritable and thus cannot be pursued by a claimant’s personal representatives, following the death of the claimant. That this was so appeared to be fairly well settled based […]
25
Apr
Apr
I was very pleased to be invited to Michelmores’ London offices to speak to their charity legacy officer clients on two tricky topics: dealing with difficult executors and the problem of charity misdescription in Wills. My notes from the talk, which set out the toolkit available to the courts in dealing with problem executors and […]
16
Mar
Mar
The Supreme Court handed down judgment in Ilott v Mitson [2017] UKSC 17 yesterday morning and allowed the charities’ appeal, restoring the decision of District Judge Million to award Heather Ilott a lump sum of £50,000 from her mother’s estate – and bringing to conclusion a decade of litigation. The key points to note are: […]