The origin of the will can be traced back to early civilisation, and was seen as an entitlement to the family fortune. Dower, for widows, or Curtsey, for widowers, was an early version forced family provision made to surviving spouses. ...

Equity to the layman means fairness and justice, but in the legal context its meaning has a much more strict definition. Equity is the name given to the set of legal principles, in jurisdictions following the English common law tradition, ...

The law has criticised and differentiate the approach, based on whether trust document should be disclosed to beneficiaries. There has been various case law and journal articles, that discus this area and that has identified, whether beneficiaries has a proprietary ...

This concept of unfairness is referred to as ‘unconscionability’ in the sense of equity. Hence, the judges at the time used their discretion in coming to decisions and applied justice in individual cases in accordance with certain established principles which ...

These shortcomings include – Cases not having remedies available in the courts of law – Remedies made available under common law been insufficient – Too much formality and remedies been not available on informal contracts to the plaintiff – One ...

This essay will advise Edward, Susanna, Tebbs and Tomlin of their legal position in respect of the facts of the case. In doing so, it will be established whether there has been validly executed trusts so as to ascertain whether ...

The issues involved here, relates to trustee’s powers of investment and delegation of investment powers by trustee. The trustees’ investment duty is not to achieve a particular out come, but rather to invest the fund in a particular way, and ...

Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws ...

Ambit of Section 75 This section incorporates what is known as the armchair rule. This rule enables the court to admit extrinsic evidence in aid of interpretation of will. In order to give effect to the words used in the ...

The law of trusts has often been referred to as one of the most important and enduring creations of the Court of Chancery, the court responsible for the administration of the body of law known as equity. Equity was original ...