Landmark Cases in Succession Law

Description

The Landmark Cases series highlights the historical antecedents of what are widely considered to be the leading cases in a discipline, and seeks to provide contexts in which to better understand how and why certain cases came to be regarded as the ‘landmark’ cases in any given field. Succession law’s long pedigree, near-universal application, immense capacity for human interest stories, somewhat uncertain future in England and Wales, and close connection to demographics make it an ideal candidate for a Landmark Cases volume. The distinguished contributors to this collection consider cases ranging in decision date from 1720 to 2017, covering issues such as will-making and interpretation, the position of beneficiaries and personal representatives, testamentary promises, and the extent of testamentary freedom in England and Wales and beyond. The cases are relevant not only to scholars and students of succession law per se, but also those working in fields such as tax, trusts, tort and land law. They raise issues as diverse as class, colonialism, familial dynamics, expectations and obligations, mental health, and the proper roles of the legal profession and the welfare state. The collection will provoke much discussion on what makes a ‘landmark’ case, as well as on the peculiarities and limitations of the case law method. Preface Table of Contents List of Contributors Table of Cases Table of Legislation 1. Introduction I. An Overview of the Book’s Structure and Content II. Emerging Themes III. The Nature of a ‘Landmark Case in Succession Law’ 2. All Souls College v Codrington (1720): Money, Books and the Interpretation of Wills - A Testamentary Drama in Three Acts I. A Long Prologue: How the ‘Ambulatory’ Quality of Wills Came to Be Established II. Act One: The Life of the Testator, Christopher Codrington the Younger III. Act Two: Evolution of the Legal Dispute between All Souls and William Codrington IV. Act Three: Sir Joseph Jekyll’s Judgment and Its Aftermath V. A Short Epilogue: The Legacy’s Colonial Legacy 3. Jesson v Wright (1820): Wills, Coal and the Rule in Shelley’s Case I. Introduction II. Ezekiel Persehouse and His Will III. The Structure of the Litigation IV. The Context of the Claim V. The Rule in Shelley’s Case VI. The Case Law in Jesson v Wright VII. The King’s Bench Judgments VIII. The Opinions in the House of Lords IX. A New Departure? X. The Aftermath XI. Conclusion 4. Banks v Goodfellow (1870): Defining Testamentary Capacity I. Introduction II. Factual Background III. Legal Background IV. Decision at First Instance and Grounds for Appeal V. Appeal to the Court of Queen's Bench VI. Identifying Incapacity VII. The Significance of the Fourth Limb VIII. Conclusion Postscript 5. Re D(J) (1981): Statutory Wills I. Introduction II. The Power to Direct a Statutory Will: Introduction III. The Historical Background to the Statutory Will Jurisdiction IV. Facts and History of Re D(J) V. Principles in Re D(J) VI. Statutory Wills between Re D(J) and the Mental Capacity Act 2005 VII. The Mental Capacity Act 2005 VIII. Statutory Wills after the Mental Capacity Act 2005 IX. Statutory Wills since Re P and Re M X. Statutory Wills in the Future 6. Hastilow v Stobie (1865): Lack of Knowledge and Approval I. Introduction II. Creating the Court of Probate III. The Prerogative Court IV. Hastilow v Stobie V. Cases in the Late Nineteenth Century VI. Twentieth-Century Case Law VII. A New Century - More of the Same VIII. The Future 7. White v Jones (1995): A Legacy of the Search for Principle I. Introduction II. The Law Prior to White v Jones III. White v Jones IV. Boundaries V. LEGACY VI. Conclusion 8. Williams v Hensman (1861) and the Law of Severance: Janus Personified I. Introduction II. The Ratio III. The Legacy IV. Severance: Lingering Problems V. Conclusion 9. Birmingham v Renfrew (1937): The Foundations of the Mutual Wills Doctrine I. Background II. In the Supreme Court III. In the High Court IV. Impact V. Conclusion 10. Sugden v Lord St Leonards (1876): Probate of the Missing Will - Hamlet Without the Prince? I. Introduction II. The Case of the Missing Will III. Doctrinal Significance IV. Functional Analysis of Formalities V. Conclusion 11. Thorner v Major (2009): Proprietary Estoppel and Inheritance I. Introduction II. The Story of Thorner v Major III. Setting Thorner in Context IV. The Significance of Thorner V. Spreading the Story - Naylor v Maher: ‘Stepson Wins Father and a Farm’ VI. Thorner, Freedom of Testation and the Arc of a Life VII. Concluding Observations 12. Re Welch (1990): Enforcing Testamentary Promises I. Introduction II. The Legislative History III. Re Welch IV. The Enduring Influence of Re Welch V. Relationship between the TPA and Other Causes of Action VI. Conclusion 13. Strong v Bird (1874): Reassessing the Rule I. Introduction II. Frances Bird’s Family, Her Will and Her Estate III. The Decision in Strong v Bird IV. The Rule in Strong v Bird V. Conclusion 14. Williams v Williams (1882): Succession Law Rules and the Fate of the Dead I. Introduction II. The Litigation in Williams v Williams III. The Legality of Cremation: Historical Subplot with Modern Resonance IV. Fallacies, Fictions and Changing Times: Upholding Funeral Instructions V. The Cost of a ‘Good Send-Off’: Recovery of Funeral Expenses VI. Conclusion 15. Commissioner of Stamp Duties (Queensland) v Livingston (1964): Rights of Estate Beneficiaries and Trust Beneficiaries Compared I. Introduction II. The Livingston Case III. The Scope of the Livingston Decision IV. Personal Representatives as ‘Trustees’ V. Certainty of Subject Matter VI. Duties of Personal Representatives and Trustees VII. Transmissibility of Rights VIII. Variation of Rights IX. Bankruptcy of Personal Representatives and Trustees X. Rights against Third Party Recipients of Misapplied Estate or Trust Assets XI. Summary and Final Comments 16. Gartside v IRC (1967): ‘This decision involved a small point’ I. Introduction II. The Textbooks III. The Statutory Context IV. Boilerplate Estate Duty Mitigation V. The Gartside Plan VI. Differing Interpretations VII. Responsibility for Coherence VIII. The Attack on Discretionary Trusts IX. Gartside as a Landmark 17. Ilott v The Blue Cross (2017): Testing the Limits of Testamentary Freedom I. Introduction II. A Brief History of Family Provision III. The Factual Background to the Ilott Case IV. The Road to the Supreme Court V. The Supreme Court’s Decision VI. Conclusion 18. S and S (2005): Compulsory Portion and Solidarity between Generations in Civil Law I. The Civil Law Approach II. S and S: The Compulsory Portion under Constitutional Review III. Conclusions 19. Lashley v Hog (1804): Forced Heirship, and Succession across Borders I. Introduction II. The Factual Background III. Lex Domicilii or Lex Situs? IV. Legitim V. Communion of Goods and Jus Relictae VI. Conclusion 20. Re Estate Wilson, Deceased (2017): The Last Frontier for Aboriginal Intestacy in Australia? I. Introduction II. The Legal Background III. The Background to the Case According to the Plaintiff IV. The Proceedings V. Determination of the Case VI. The Following Cases VII. Conclusion Index