Friday, September 27, 2019

Grounds For Appeal On The Administrative Law Essay

Grounds For Appeal On The Administrative Law - Essay Example In Estate of Bravada case, a testator executed a will on a piece of notepaper1. Though, there had been two independent witnesses as required under section 9 of the Wills Act, 1837, the testator’s two daughters were also signed as witnesses. However, this is contrary to the section 15 of the Wills Act, 1837. In the above case, the gift was confronted on the footing that under s.15 of the Wills Act 1837, a beneficiary who stood as a witness to a will could not take a gift under that will. In this case, all the three judges declined to fine tune with the customary interpretation of s.15. Salmon LJ viewed that the wording of s.15 of the Wills Act 1837 is too simple, and the section makes it obvious that if any individual signs as a witness to any gift, then such gift shall be declared as null and void2. It is submitted that in Miller case, Jekyll MR had held that a supposed donation of a coach and horses to the donor’s wife failed as there had been no evidence of delivery. The same rationale will be applicable in Bogusz case also as there is no evidence for handing over of the title deeds of the home and the relevant keys to Ms. Cheryle Valley3. The so-called gift by Bogusz to Ms. Cheryle Vallee has established a mere expectation on the part of the donee namely Ms. Cheryle Vallee. However, it is to be noted that proprietary estoppel of 1975 Act will not come to help in Ms. Cheryle Vallee case. Under English law, there will be the transfer of rights under proprietary estoppel if somebody has given a concise promise that they will inherit or acquire a privilege over a property provided if they reasonably bank upon such a promise and if they act in a major way not to their disadvantage on the footing on that promise. If the above-stated ingredients of promises, disadvantage and dependence are present, the usual relief will be that the property will be vested with the claimant, if the court is of  the view that there is a need to permit a claim in the said scenarios.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.