Edwards, Clive and Sanjay Edwards v Rowe, Roydel and Watson, Andrea
Probate - Will - S. 6 Wills Act - Validity of Will - Whether the signature on the last Will and Testament was that of the testator or a forgery - Expert evidence - Whether the testator was suffering from mental incapacity - Whether the testator was acting under undue influence when executed the last Will and Testament - Amendment to fixed date claim form at the time of judgment - Rule 26.9 of the Civil Procedure Rules.
CN-M v J HB-N
Family law - Legal guardianship - Mental Health Act - Patient- Vulnerable adult - Death of patient - Cost order after discontinuance by applicant - Discontinuance after death of subject of application - Whether costs payable to interested party or should there be no order as to costs - Civil Procedure Rules, R. 37.6 and 64.6.
AT v DG
Family law - Return of children - Children (Guardian and Custody) Act - The Hague Convention on the Civil Aspects of I1 International Child Abduction 1980, Articles 3, 12 and 13 - Habitual residence - Grave risk - Children's objections.
Stewart, Adam; Jaime Stewart McConnell and Brian Jardim v Veira, Hugh Martin, Elizabeth Desnoes, Trevor Patterson and Cheryl Hamersmith-Stewart
Probate - Civil Procedure Rules, R. 64.6(2) (3) and (4) - Claim by executors to be released - Application for joinder refused by Court - Costs – Whether the appropriate costs order should be no order as to costs or costs to be paid out of the estate - Special costs certificate.
DW v CH
FAMILY LAW - RETURN OF CHILD - THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION 1980 - ARTICLE 3, 11, 12 - HABITUAL RESIDENCE – AGREEMENT – CONSENT – WHAT CONSTITUES INFORMED CONSENT - GRAVE RISK - CHILD’S OBJECTION TO BEING RETURNED – WHETHER THIS OBJECTION SHOULD BE THE DETERMINING FACTOR - THE CHILDREN (GUARDIANSHIP AND CUSTODY) ACT, S. 7C AND 7N
Stewart, Adam and Jaime Stewart McConnell et al v Veira, Hugh Martin, Elizabeth Desnoes, Trevor Patterson and Cheryl Hammersmith Stewart
Probate - Claim by executors to be released - Application by beneficiaries to be added as parties to the claim - Civil Procedure Rules, parts 19.2 (3), 19.3 and 67 - The Trustees, Attorneys and Executors (Accounts and General) Act, S. 9.
Hare, Taska v De Roux, Sidney (Executor in the Estate of Kenute Valentine Hare) and Balmain Brown (Executor in the Estate of Kente alentine Hare)
Probate - Last Will and Testament - Failure to file counter Notice to prove document under Rule 28.19 of the Civil Procedure Rules (CPR) - The effect of a faiure to file a counter notice - Whether the signature appearing on the purported Last Will and Testament is that of the deceased or a forgery - Expert evidence - Revocation of probate.
Buchanan, Kevin (Court appointed administrator of the estate of Ulysses Jabez Buchanan, deceased) and JB Limited v Buchanan, Elgiva et al consolidated with Buchanan, Banfield (Dwain Buchanan, the duly appointed committee by order of the Court) et al
Probate and administration of estates - Application to appoint administrator ad litem - Civil Procedure RUles 21.7 and 21.8 - Whether the executor under a last will and testament myst be appointed as a personal representationve of that estate - Criteria for apppointing personal representative - Conflict of interest - When can the Court exercise its power to appoint the Administrator General.
LTM v MM
Family law - Return of child - The Hague Convention on the Civil Aspects of International Child Abduction 1980 - Articke 3, 11, 12 & 13 - The Children (Guardianship and Custody) (Amendment) Act - Whether the Court should exercise jurisdiction under the Hague Convention - Claimant initiating proceedings for custody - Acceptance of Court's jurisdiction to provide relief - Forum shopping - Habitial residence - Versal agreement - Consent or acquiescence - Whether unlawful retention - Discretion after one year.
Owen, Paulette v Johnson, Nathan
The property (Rights of Spouses) Act, S. 13(2) – Application for Extension of time to bring a aclaim for division of property - Factors to be considered by the Court - Parties unmarried - Merits of the case - Whether the applicant was the spouse of the respondent - Whether the applicant was a single woman and the respondent a single man - Whether the parties co-habitated as man and wife.