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Profile: Wills and Estates
Experience and Expertise
Ulick’s work in relation to wills and administration of estates typically includes tracing claims, issues regarding testamentary capacity and challenges to wills on the basis they were procured improperly. He also has extensive experience in Court of Protection matters.
Cases and Work of Note
- Re Guney deceased  EWCA Civ 1268 the appeal was dismissed and the court held there was no error in principle to award a co-habitee an absolute interest as opposed to a life interest in the quasi-matrimonial home and also award outright the deceased’s shares in a private company rather than permit the beneficiaries an opportunity to purchase the same
- Singellos v Singellos  EWHC 2353 (Ch) established that the rule inParker v Felgate applies to life time transactions, so a gift is valid if the donor lacked capacity at the time of making the gift, provided the donor had capacity at the time she gave instructions for the gift to be made.
- Re Guney deceased  WTLR 839, appeal following trial of preliminary issue about the deceased’s domicile. Appeal dismissed and the court decided the trial judge had correctly looked back at the whole of the deceased’s life and at what were his inferred intentions in order to decide whether he had acquired a domicile of choice in England by the date of his death, and the Court of Appeal was persuaded on a review of the evidence that, while taking special on the analysis of evidence not to isolate individual factors or treat a particular factor as decisive, see Cyganik v Agulian  EWCA Civ 129, the deceased, despite declarations to the Revenue that he was non-dom for tax purposes, he had acquired domicile in England
- Ling v Barclays Bank Trust Co  WTLR 553, a will contained gifts to children, one of whom predeceased leaving issue. The issue was whether upon a true interpretation of a will and s33(2) of the Wills Act 1837, issue of a predeceasing named beneficiary were entitled to that persons beneficial interest under the will, or whether there was any contrary intention in the will.
- Jones v Jones, a case concerning beneficiary forfeiting for manslaughter of testatrix and construction of the will.
- Penrose v Wilde, a case concerning setting aside of a grant of probate obtained in 1952 on the basis of forgery.
- Young V HSBC Trust Co, a case concerning testamentary capacity and want of knowledge and approval, irrational behaviour by testator.
- Hall v Hampshire, a case concerning an individual procuring from elderly lady a will for his benefit to the exclusion of charities and other beneficiaries under an earlier will.
- Harris v Harris, a case concerning abuse of confidence in the fiduciary procuring for the benefit of others substantial assets.
- Rowan v Dann,  64 P&CR 202, a case concerning resulting trusts on failure of a joint venture and whether potential fraud on creditors barred relief.