header-logo header-logo

08 August 2013 / Henrietta Mason , Jag-Preet Kaur
Issue: 7572 / Categories: Features , Wills & Probate
printer mail-detail

Where there’s a will...

Jag-Preet Kaur & Henrietta Mason provide a wills & probate update

The recent case of Schrader v Schrader [2013] EWHC 466 (Ch), [2013] All ER (D) 89 (Mar) concerns will validity. On 1 October 1990 Jessica Schrader (the deceased) executed a will (the 1990 will) in which she left the residue of her estate to her two sons Bill and Nick. The will was prepared by the deceased’s usual solicitors, Cullens. The residue included her house.

On 12 April 2006 the deceased made a further will (the 2006 will) leaving legacies of minor value to grandchildren and specifically her house to Nick. The residue (which, without the house, was of little value) was to be divided between Bill and Nick. The 2006 will was not prepared by Cullens, but instead by a will-writing business called Premier Wills. The deceased died aged 98 on 21 January 2008.

The defendant, Bill, sought to prove the original 1990 will, being unaware of the existence of any later will.

Six months after the deceased died,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll