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In re Resch’s Will Trusts; PC 19 Oct 1967

References: [1967] UKPC 1, [1967] 3 All ER 915, [1968] 3 WLR 1153, [1969] 1 AC 514
Links: Bailii
Coram: Lord Wilberforce
This case cites:

  • Cited – Verge v Somerville PC ([1924] AC 496)
    On an appeal from New South Wales, The Board considered the validity of a gift ‘to the trustees’ of the Repatriation Fund or other similar fund for the benefit of New South Wales returned soldiers’.
    Held: Trusts for education and religion do . .
  • Approved – In re Hawksley’s Settlement; Black v Tidy ([1934] Ch 384)
    A second will was described as the last will and moreover referred to the first will as the cancelled will, the testatrix having written on a copy of it the word ‘cancelled’.
    Held: Neither feature was sufficient to effect a complete revocation . .

This case is cited by:

  • Cited – Marley v Rawlings and Another SC (Bailii, [2014] UKSC 2, [2014] 2 WLR 213, [2014] WTLR 299, 16 ITELR 642, [2014] 1 All ER 807, [2014] WLR(D) 18, [2014] Fam Law 466, Bailii Summary, WLRD, UKSC 2012/0057, SC Summary, SC)
    A husband and wife had each executed the will which had been prepared for the other, owing to an oversight on the part of their solicitor; the question which arose was whether the will of the husband, who died after his wife, was valid. The parties . .

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