Testamentary promises matching to case names Flashcards
Services must be unusual and extraordinary
Greenfield
Services must go beyond the normal expectation of family life or social interaction
Byrne
Services Must go beyond filial duty
Greenfield
When evaluating services It is relevant to consider the significance of the service to the promisor - was it specifically asked for
Wilson
… tells us that there must be a promise to make testamentary provision
S 3(1)
tells us that a promise includes any promise of representation of fact or intention.
S 2
Promises can be expressed or implied over a number of years
Byrne
A lack of corroborating evidence is not fatal to a claim
Greenfield
A promise cannot be too vague
growden
Focus on the state of mind of the promisee – what were their expectations following the promise
Jones
The Motive of the person performing the service is of little importance when assessing whether a claim has been established
Byrne
When assessing whether it gave rise to a promise to make testamentary provision, the court will consider what the reasonable lay person in the shoes of the promisor has understood the promise to mean
Wilson
There is no requirement that the person performing the work or service is to benefit from the promise
Byrne
…. tells us the promise must be made to reward the claimant of their work/services.
S 3(1)
Being motivated by affection/other considerations is not fatal to the establishment of nexus
Byrne
