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.
VT v DS
Family law - Application for legal guardianship of a minor - The Children (Guardianship and Custody) Act ss. 4, 8, 14(1), 20 - Mother of child was a minor - Father convicted of sexual abuse of mother - Whether parens patriae jurisdiction is to be exercised where both parents are alive - Whether the court has authority to disregard a parent’s objection in granting the application – Child in need of care and protection.
Essor, Violet Melzeta v Maxwell, Maxine and Christina Ann Waite-Neal et al
Probate and administration - Intestacy - Application for directions - Entitlement to apply for a grant of administration – Rule 68.28 – Notice to beneficiaries under rule 68.21 - Executor de son tort – Whether acts carried out in the interest of the estate – Intermeddling in the estate by executor de son tort – Whether accounting is necessary.
Jaddoo, Donnetta v Jaddoo, David
Division of matrimonial property - Property (Rights of Spouses) Act, sections 2, 6,
7, 13 and 14 - The family home - Other matrimonial properties – Whether wife is
Entitled to a share of the other matrimonial properties – Whether wife is entitled
To part of the business - How to calculate wife’s interest in business which has been Sold
Larman, Judith (Beneficiary of the Estate of Orville Anthony Larman, deceased) v Larman, Antoinette Desiree (Executrix of the Estate of Orville Larman, deceased)
Administration of estate - Probate - Administration with will annexed - Whether the Court has the power to clarify vary or alter a previous Court order of a judge of concurrent jurisdiction which has been perfected - Error of omission in previously made order – Rule 42.10(1) - Intention of the Court in previous order - Circumstances associated with the application – Substantial delay in administration of deceased's estate - Interpretation of the words 'permitted to proceed' - Ordinary meaning of word/phrase - Removal and substitution of personal representative – Rule 68.
McDonald, Sandra Elaine Lilly v McDonald, Carlton (By next friend Robert McDonald)
Husband and wife - Claim for entitlement to property - Property (Rights of Spouses) Act S. 2, 6, 7, 13 and 14 - Whether the property was the family home - Ownership test/requirement - Residence test - Applicability of section 14 of the Property (Rights of Spouses) Act.
Bailey, Jenese v Howell, Cynthia (Personal representative of the estate of Bertie Alphanso Howell, deceased)
Real property - Application for beneficial interest in property - Equitable remedies - Constructive trust - Proprietary estoppel - How equity to be satisfied - What effect does the deceased's Will have on the claimant's beneficial interest in the property
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