Charles Cooper | Barrister & Mediator

Category: Probate

Winter & Anor v. Winter [2024] EWCA Civ 699

Appeal dismissed. ‘Where… a claimant has made a life-changing choice and over many years undertaken work in reliance on an assurance, the Court will probably be prepared to treat loss of opportunity to lead a different life as itself detrimental’ in a claim for proprietary estoppel: https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/699
Read more: Winter & Anor v. Winter [2024] EWCA Civ 699
Rahman v. Hassan & Ors [2024] EWHC 1290 (Ch)

Handing over ‘all the security devices, logins and passwords that were needed for accessing… bank and similar financial accounts’ and ‘the land certificate for the house and all the documents relating to the flats… satisfy the requirements for a donatio mortis causa of the contents of the bank accounts and the properties themselves, but not…
Read more: Rahman v. Hassan & Ors [2024] EWHC 1290 (Ch)
Davies v. Watts & Anor [2024] EWHC 1177 (Ch)

Where the medical evidence is inconclusive, the ‘clear and straightforward evidence of capacity’ from a number of lay witnesses is relied upon to find that the testator had testamentary capacity: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2024/1177
Read more: Davies v. Watts & Anor [2024] EWHC 1177 (Ch)