Trusts & Executries Case Law & Private Client Laws & Cases in the UK
Below are recent trusts & executries law cases from our CaseCheck archive, including information on private client law, wills, trusts & executry law, and powers of attorney. To view the full archive of case law, visit our Court Cases page. To search the full database please register with CaseCheck for free today.
Petition for Appointment of Executor Dative by Dennis Murray, DP3/2012, 15 March 2012  -  This is a Note by Sheriff A G McCulloch in the matter of a petition for the appointment as executor dative by Dennis Murray.  Mr Murray is one of four children of the deceased.  The widow of the deceased was made the subject of a guardianship order.  Mr Murray was appointed as her guardian.... more...
Gordon Turner v John Turner, 7 March 2012 [2012] CSOH 41  -  This case concerns a matter that had not previously come before the Scottish courts. The facts of this case were not in dispute and were set out in a joint minute agreed by the parties.   Miss Isabella Gordon granted a Power of Attorney in 1996 in favour of her solicitor.  This included the... more...
Philip William Howard v Sir John Philip Howard-Lawson BT, (2011) EWHC 63 (Ch)  -  The England & Wales Court of Appeal has ruled that a baronet’s failure to adopt the ancestral family name within a certain period of time did not disqualify him from inheriting the family castle.  The background to this case is Corby Castle in north Cumbria.   Sir John Howard-Lawson inherited... more...
Mrs SC for Judicial Review of a decision of the Service Personnel and Veterans Agency of the Ministry of Defence Outer House, Court of Session, [2011] CSOH 124  -  The background to this case is a family dispute.  In this case the dispute is over where the body of Private Mark Connolly (MC) will be buried.   MC’s mother wishes to have him buried in Methil.  His wife wishes him to be buried in Forfar. The petitioner in this matter is the widow of MC.  MC... more...
Special case for Patrick Charles Young's Trustees & Patrick Andrew Young and others & Patrick Charles Young's Executors [2010] CSIH 84  -  On 27 September 1929, Colonel Patrick Young CBE executed a trust deed, which set out three main purposes. The first of those was the payment of the annual income of the trust fund "to or for behoof of my said children and the survivors and survivor of them equally among them....for their alimentary use...and... more...
Roberts (FC) (Appellant) v Gill & Co Solicitors and others (Respondents), [2010] UKSC 22  -  On 25 August 2006, the Appellant applied to amend his claim so as to continue it both in his own personal capacity and on behalf of the estate. The First and Second Respondents resisted the application on the grounds (a) that the amendment was barred as being out of time under section 35 of the Limitation... more...
Andrew Battenberg and Others v. Firm of Dunfallandy House and Others [2010] CSIH 41  -  Reclaiming Motion:- On 24 March 2009 decree of absolvitor was pronounced by the Lord Ordinary at a continued hearing on the motion roll. Here the second pursuer reclaimed in so far as the decree concerned the claims advanced in the action by the second pursuer. When the case called in court on 24 March... more...
Shirley Anne Manning v. Margaret Downie Manning [2009] CSIH NO.67  -  Appeal from the sheriff court:- In 2003 David John Manning died leaving his estate to his widow, the defender and respondent, as sole executrix. The pursuer and appellant, the deceased's daughter, sought to exercise her legal rights in respect of the deceased's moveable estate and was told by solicitors... more...
Price and Others v Baxter – Hamilton Sheriff Court, March 2009  -     The Pursuers were relatives of the late Peter Baxter ("the deceased").  The Defender was his widow. The deceased and the Defender were married in 1990. The deceased made a will in 1999 leaving his entire estate to the Defender and did not make a subsequent will. He and the Defender separated in 2005... more...
Thorner (Appellant) v Majors and others (Respondents), [2009] UKHL 18  -  The appellant, David Thorner, is a farmer who, for nearly 30 years, did substantial work without pay on the farm of his father’s cousin Peter Thorner. The judge found that from 1990 until his death in 2005, Peter encouraged David to believe that he would inherit the farm and that David acted in reliance... more...
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