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Elaine Palser_Mendy claim

Elaine Palser successful in polygamous marriage claim

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 6 Mar, 2023

Will-Making in Difficult Circumstances: How to Comply With Formal Validity Requirements

David E Grant and Gabor Bognar consider the challenges of making a formally valid will in difficult circumstances, such as those which may arise from the current coronavirus (COVID-19) pandemic. When one perceives a greater-than-usual risk of their near-term demise, the mind turns more readily to will-making. So it appears in the present pandemic, during which UK will-writers have reportedly experienced a substantial increase in client enquiries. David E Grant and Gabor Bognar have written an article considering the challenges of making a formally valid will in difficult circumstances, such as those which may arise from the current coronavirus (COVID-19) pandemic. Legislative requirements and the burden of proof Their article explains the rigorous formality requirements of English law for the…

Covid-19 16 Apr, 2020

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