The importance of precise estate planning: The case of Davey v Bailey

Jessica Jamieson, partner, and Sandy Hills, trainee solicitor, Cripps Pemberton Greenish, 30/03/2021

Along with providing an interesting insight into the Court’s rigorous approach to deathbed gifts, the recent judgement in Davey v Bailey [2021] EWHC 445 (Ch) served as a painful reminder of the importance of precise estate planning.

The facts

This sad case involved a married couple with joint assets of over £2 million who died within a few months of each other. They had quite sensibly planned ahead by executing valid Wills in 2009, and had appointed each other as sole executor and sole beneficiary.

The intention of the Wills was that the deceased’s entire estate would pass to the survivor...

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