England and Wales Case Law

Mercy Ofori-Kuma v Victoria Ofori-Kuma and Michaela Fordjor and Karyn Ofori and Delores Ofori (Ofori-Kuma v Ofori (Burial or Cremation))

The High Court dismissed a mother and aunt’s bid to control funeral arrangements, holding the deceased had wished to be cremated and that the children had priority.

• Funeral and cremation arrangements
• Grant of letters of administration
• Inherent jurisdiction
• Section 116 senior courts act 1981
• Non-contentious probate rules 1987 r.22
• Dispute over deceased's wishes

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Bernadette Rogers v Andrew Wills

The High Court held that the claimant’s late mother agreed to pay a reasonable price for care, and alternatively that the estate was liable in unjust enrichment.

• Quantum meruit
• Intention to create legal relations
• Capacity under mental capacity act 2005
• Failure of basis
• Free acceptance
• Executor duties

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P (Statutory Will), Re (Costs Application)

The deputy’s fundamental misunderstanding and unreasonable contesting of the notification requirements under PD9E, despite clear advice and case law, justified a departure from the general rule on costs. The deputy is ordered to pay P’s costs incurred by the Official Solicitor from 4 July 2023, and to bear his own costs from the same date.

Source excerpt

• Costs
• Statutory wills
• Notification of beneficiaries
• Court of protection rules

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Chambers v Rooney & Anor

Chambers v Rooney & Anor [2017] EWHC 285 (QB) (28 January 2017)

The High Court refused an extension of time to appeal, holding there was no arguable basis for challenging strike-out and limitation rulings.

• Extension of time to appeal
• Striking out of claims
• Summary judgment
• Limitation of actions (defamation)
• Executor duties
• Costs

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Chambers v Rooney & Anor

Chambers v Rooney & Anor [2017] EWHC 285 (QB) (28 January 2017)

The High Court refused Mrs Chambers an extension of time to appeal strike-out and summary judgment orders in probate litigation, finding no arguable appeal.

• Extension of time to appeal
• Striking out of claims
• Summary judgment
• Limitation of actions (defamation)
• Costs
• Litigants in person

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Daniels v Thompson

Daniels v Thompson [2004] EWCA Civ 307 (18 March 2004)

Court of Appeal held a solicitor negligence claim about inheritance tax planning was time-barred because any loss, if suffered, arose when the ineffective transfer was made.

• Limitation period for tort claims
• Accrual of cause of action in negligence
• Inheritance tax planning liability
• Duty of care of solicitors
• Personal representatives' standing
• Amendment of pleadings

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