Cheers for The Crown makers as, 45 years on, Duke of Windsor’s will to be unsealed – Daily Telegraph

Posted November 16th, 2017 in news, royal family, wills by tracey

‘With a scandalous abdication, colourful love life and rift with his relatives, the life of the Duke of Windsor was not short of private information to fascinate the public.
More than 40 years after his death, it appears, there may be more to learn, as a senior judge has ruled that the contents of his will can be unsealed for the first time.
The will of the Duke, who was King Edward VIII until his abdication in December 1936, will be unsealed for the benefit of the Royal Archives, after a keeper applied to the Family Division of the High Court to beg special permission.’

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Daily Telegraph, 15th November 2017

Source: www.telegraph.co.uk

Ex-boyfriend of murdered antiques dealer is jailed for forging her will – Daily Telegraph

Posted October 5th, 2017 in forgery, news, sentencing, wills by tracey

‘An antiques dealer murdered on her driveway had sought a non-molestation order weeks before her death against her ex-boyfriend who was jailed on Wednesday for faking her will, a court heard.’

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Daily Telegraph, 4th October 2017

Source: www.telegraph.co.uk

Who Knows Where the Time Goes? The Recent Decision on Limitation and Contingent Loss in Osborne v. Follett Stock [2017] EWHC 1811 – 4 New Square

‘On Thursday 13 July 2017, following the trial of a preliminary issue of limitation, HH Judge Paul Matthews handed down judgment in Osborne v. (1) Follett Stock (a firm); (2) Follett Stock LLP.’

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4 New Square, 19th July 2017

Source: www.4newsquare.com

Law reform could cause more challenges to wills – Law Society’s Gazette

Posted July 19th, 2017 in consultations, elderly, Law Commission, legislation, news, solicitors, wills by sally

‘National organisation Solicitors for the Elderly has raised concerns at proposals to overhaul the laws governing will writing claiming, saying reform will result in more court action.’

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Law Society's Gazette, 17th July 2017

Source: www.lawgazette.co.uk

Outdated law of wills needs “overhaul” to reflect modern world – Law Commission

Posted July 13th, 2017 in consultations, Law Commission, legislation, news, wills by tracey

‘The outdated law of wills needs an overhaul according to the Law Commission.’

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Law Commission, 13th July 2017

Source: www.lawcom.gov.uk

Digital legacies need legal protection say lawyers – Law Society’s Gazette

Posted June 8th, 2017 in executors, internet, news, wills by sally

‘Solicitors and legal academics have called for new powers enabling people to decide what happens to their digital legacy when they die, including by making a provision for online data to be included in wills.’

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Law Society's Gazette, 7th June 2017

Source: www.lawgazette.co.uk

Willpower & determination – New Law Journal

‘Paola Fudakowska & Henrietta Mason provide a wills & probate update.’

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New Law Journal, 19th May 2017

Source: www.newlawjournal.co.uk

Pensioner, 86, hatched “shameless” plot to cheat elderly brother out of £900k, judge says – Daily Telegraph

Posted May 25th, 2017 in families, news, wills by tracey

‘An 86-year-old widower who claimed his sister gave him her £900,000 house on her deathbed has been slammed by a judge for his “shameless sense of entitlement”.’

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Daily Telegraph, 24th May 2017

Source: www.telegraph.co.uk

Top judge struggling to stem woman’s efforts to unseal Princess Margaret’s will – Litigation Futures

Posted May 2nd, 2017 in disclosure, judges, news, royal family, striking out, wills by sally

‘There is no kind of order available to prevent a woman who claims to be the late Princess Margaret’s daughter from bringing repeated “nonsensical” claims in an effort to unseal her will, the president of the Family Division has found.’

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Litigation Futures,

Source: www.litigationfutures.com

Skiing & the Supreme Court. What Makes an Adult Child Deserving of Reasonable Maintenance? – Radcliffe Chambers

Posted April 6th, 2017 in appeals, charities, families, financial provision, news, Supreme Court, wills by sally

‘”Skiing” or “Spending Kids’ Inheritance” is a regular source of conflict between parents (or their estates) and their children. After 10 years and numerous appeals, the saga of Ilott v The Blue Cross [2017] UKSC 17 has finally reached its conclusion. The case concerned a claim pursuant to the Inheritance (Provision for Family and Dependents) Act 1975 by an estranged adult daughter for financial provision from her mother’s estate.’

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Radcliffe Chambers, 16th March 2017

Source: www.radcliffechambers.com

Landmark Supreme Court decision on Inheritance Act claims – New Square Chambers

Posted April 6th, 2017 in appeals, charities, families, financial provision, news, Supreme Court, wills by sally

‘The Supreme Court today allowed the charities’ appeal in the case of Ilott v Mitson [2017]
UKSC 17. It is the first opportunity for the Supreme Court to give guidance on the vexed
question of what constitutes ‘reasonable financial provision’ within the meaning of the
Inheritance (Provision for Family and Dependants) Act 1975 and to bring to an end a saga
which began with the death of Melita Jackson in June 2004.’

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New Square Chambers, 15th March 2017

Source: www.newsquarechambers.co.uk

Testamentary freedom vs claims by family members – OUP Blog

Posted April 4th, 2017 in appeals, charities, families, news, succession, Supreme Court, wills by sally

‘Should a person be free to dispose of property as she wishes on death, or be forced to leave it to certain family members? This is one of the most fundamental questions in succession law. Some (particularly continental European) jurisdictions allocate compulsory portions to certain family members, irrespective of any will. England and Wales, however, has a default testamentary freedom principle combined with the Inheritance (Provision for Family and Dependants) Act 1975, allowing certain people to claim discretionary provision out of the estate in limited circumstances.’

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OUP Blog, 4th April 2017

Source: www.blog.oup.com

Convention’s prohibition on discrimination may apply to pre-Human Rights Act wills: Chancery Court – UK Human Rights Blog

Posted March 31st, 2017 in adoption, human rights, interpretation, news, wills by tracey

‘Hand and Anor v George [2017] EWHC 533 (Ch) (17 March 2017). The Adoption of Children Act 1926 s.5(2) had the effect that adopted children were not treated as “children” for the purposes of testamentary dispositions of property. The continuing application of this provision was a breach of the rights guaranteed by Article 14 in combination with Article 8 of the Convention. Therefore, the contemporary version of that provision, Adoption Act 1976 Sch.2 para.6, had to be read down so as to uphold the right not to be discriminated against.’

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UK Human Rights Blog, 30th March 2017

Source: www.ukhumanrightsblog.com

Ilott – Upholding Testamentary Freedom – Family Law Week

‘Mark Jones, barrister, Three Dr Johnson’s Buildings, examines the judgment in the first Inheritance Act appeal to be heard by the Supreme Court and its implications for future claims.’

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Family Law Week, 23rd March 2017

Source: www.familylawweek.co.uk

Ilott -v- Mitson: Claims by adult children contesting wills – the law is unsatisfactory – Halsbury’s Law Exchange

Posted March 22nd, 2017 in benefits, charities, financial provision, news, Supreme Court, wills by sally

‘At long last the saga has reached a conclusion. The Supreme Court handed down its judgment in the case of Ilott (Respondent) v The Blue Cross and others (Appellants) [2017] UKSC 17 on 15 March, a case having its roots in the death of the late Mrs Jackson (Mrs Ilott’s mother) some 13 years ago.’

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Halsbury’s Law Exchange, 20th March 2017

Source: www.halsburyslawexchange.co.uk

Animal charities benefit after woman loses out on £160,000 from her mother’s will – The Independent

Posted March 16th, 2017 in appeals, charities, families, news, Supreme Court, wills by tracey

‘A woman has been left “very disappointed” after seven Supreme Court justices dramatically reduced a figure of more than £160,000 awarded to her by the Court of Appeal out of her estranged mother’s will.’

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The Independent, 15th March 2017

Source: www.independent.co.uk

Supreme Court to rule on case of daughter left out of mother’s £160k will in favour of animal charities – Daily Telegraph

Posted March 15th, 2017 in appeals, charities, news, Supreme Court, wills by tracey

‘A six-figure award to a woman who was left out of her estranged mother’s will is at the centre of a ruling by the UK’s highest court today.’

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The Independent, 15th March 2017

Source: www.independent.co.uk

Charity bequests shouldn’t have special status, Supreme Court hears – Law Society’s Gazette

Posted December 13th, 2016 in appeals, charities, news, Supreme Court, wills by sally

‘Charities should be treated no differently from any other beneficiary of a will when resolving disputes, seven Supreme Court judges heard today in a long running legal battle over a £468,000 bequest to animal charities. In Ilott v The Blue Cross and Others, the court is considing an appeal by three animal charities case against a Court of Appeal ruling setting aside a will on the grounds that it did not make reasonable provision for the testator’s daughter.’

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Law Society’s Gazette, 12th December 2016

Source: www.lawgazette.co.uk

Supreme Court to hear ‘unfair wills’ test case – Law Society’s Gazette

Posted December 12th, 2016 in appeals, charities, news, Supreme Court, wills by sally

‘The Supreme Court will today hear a case that should clarify the law on challenging wills on the grounds that they do not make reasonable provision. Animal charities are appealing a Court of Appeal decision in July last year in favour of Heather Ilott, who had been excluded from her mother Melita Jackson’s will.’

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Law Society’s Gazette, 12th December 2016

Source: www.lawgazette.co.uk

Will-writer fined £30k after complaints over nuisance calls – Law Society’s Gazette

Posted November 11th, 2016 in complaints, consent, fines, news, telecommunications, wills by tracey

‘will-writing company which accuses traditional law firms of ‘failing the bereaved’ has been fined £30,000 for making nuisance calls. The Information Commissioner’s Office (ICO) imposed the penalty against Assist Law, based in Weston-super-Mare, Somerset.’

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Law Society’s Gazette, 11th November 2016

source: www.lawgazette.co.uk