News & Events
News & Events
Elaine Palser acted successfully for the executors of the will of Mary Mendy in their claim to revoke letters of administration on the ground that Ms Mendy’s purported marriage was void because it was a polygamous marriage. In English law, a valid marriage revokes any will executed prior to marriage. Master Pester found that the defendant (Ms Mendy’s purported husband) was already married at the time Ms Mendy and the defendant purported to marry in Gambia. He also found that Ms Mendy was domiciled in England at the time of the alleged marriage and so English law did not permit her to enter into a polygamous marriage, even if the marriage was valid in Gambian law. The claimants said that…
News, Private Client 6 Mar, 2023
Elaine Palser will be giving the Association of Contentious Trust and Probate Specialists (ACTAPS) lunchtime lecture on Monday 6th March 2023 at Blake Morgan in London. ACTAPS (Association of Contentious Trust and Probate Specialists) is a forum for specialists in the field of contentious trust and probate law. The forum aims to exchange experience, know-how and an appreciation of the law and statutes in this specialist area. ACTAPS holds seminars, conferences and meetings for members including a series of lunchtime lectures. Elaine Palser has been invited to talk at the next lunchtime lecture, taking place on Monday 6th March in the offices of Blake Morgan, London. Her talk is entitled “Twists and Turns in Proprietary Estoppel” and will consider the…
Events, News, Private Client 28 Feb, 2023
On 11 June 2021, HHJ Jarman QC sitting at the High Court handed down judgment in Hughes v Pritchard[2021] EWHC 1580 (Ch). The Court notably found the testator to lack capacity and his last will to be invalid despite a contemporaneous medical capacity assessment finding the testator to have capacity. Jennifer Seaman and Bianca Venkata provide a brief overview of the case and suggests what lessons can be learned to ensure the validity of wills going forward. The facts Mr Hughes owned considerable farmland in Wales. Mr Hughes had three children: an eldest son Elfed, a second son Gareth and a daughter Carys. Elfed worked long hours on his father’s farm for no remuneration. Mr Hughes promised Elfed, his wife Gwen and their three…
Legal Blog & Publications, News, Private Client 3 Aug, 2021
Elaine Palser, instructed by Tees Solicitors, acted for the successful claimants in R Deceased [2021] EWHC 936 (Ch). The claim was brought by two minor children for reasonable financial provision from their father’s estate under the Inheritance (Provision for Family and Dependants) Act 1975. The children were 14 and 15 when their father died, and they had been estranged from him for several years before his death. Their father had also failed to pay any maintenance for them during the estrangement, with the children instead relying entirely on their mother and stepfather. In his will, the father left his entire estate to his new partner and his parents, and nothing to his children. The partner and parents denied that there…
News, Private Client 19 May, 2021
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