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United Kingdom Case Law

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Succession [2016] UKPC 16

In the matter of the Baronetcy of Pringle of Stichill

The Privy Council held that the baronetcy of Pringle of Stichill was imprescriptible, admitted DNA evidence, and advised that Murray Pringle is entitled to succeed.

  • Baronetcy succession
  • Dna evidence admissibility
  • Prescription
  • Mora, taciturnity and acquiescence
  • Breach of confidence
  • Data protection act 1998
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Succession [1915] UKHL 97

Donaldson's Trustees v. Donaldson's Executrix

Donaldson's Trustees v. Donaldson's Executrix [1915] UKHL 97 (29 October 1915)

The House of Lords held that Peter Donaldson’s share of his father’s residue vested absolutely at age twenty-five, so the retained portion passed to his estate.

  • Vesting of interests
  • Construction of wills
  • Failure of trusts
  • Gift-over clauses
  • Succession
  • Trusts
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Succession [1914] UKHL 725

Nasmyth's Trustees v. National Society for The Prevention of Cruelty to Children, and Others

Nasmyth's Trustees v. National Society for The Prevention of Cruelty to Children, and Others [1914] UKHL 725 (14 July 1914)

The House of Lords held that a will’s gift to the “National Society for the Prevention of Cruelty to Children” passed to the London society, not the Scottish one.

  • Designation of beneficiary
  • Extrinsic evidence
  • Ambiguity in testamentary documents
  • Testamentary-interpretation
  • Designation-of-beneficiary
  • Extrinsic-evidence
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Succession [1912] UKHL 602

Walford and another v. Walford

Walford and another v. Walford [1912] UKHL 602 (21 June 1912)

House of Lords held that a legacy payable from a reversionary fund carried interest from a year after death because the will did not clearly postpone payment.

  • Demonstrative legacy
  • Interest on legacies
  • Construction of wills
  • Demonstrative-legacy
  • Interest-on-legacies
  • Construction-of-wills
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Succession [1911] UKHL 401

Crum Ewing's Trustees v. Bayly's Trustees and Others

Crum Ewing's Trustees v. Bayly's Trustees and Others [1911] UKHL 401 (20 March 1911)

The House of Lords held that beneficiaries had to elect between rights under a prior settlement and benefits under their mother's will, despite the estate being separable and one gift being alimentary.

  • Election
  • Approbate and reprobate
  • Invalid appointment
  • Challenge of power of appointment
  • Massing of estates
  • Succession
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Succession [1910] UKHL 251

Anderson and Others (Binnie's Trustees) v. Prendergast and Others

Anderson and Others (Binnie's Trustees) v. Prendergast and Others [1910] UKHL 251 (07 December 1910)

The House of Lords held that testamentary wording directing a division “equally, share and share alike” required a per capita distribution among Agnes’s grandchildren.

  • Construction of wills
  • Distribution per stirpes vs per capita
  • Interpretation of testamentary documents
  • Construction-of-wills
  • Per-capita-vs-per-stirpes
  • Succession
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