‘An employment tribunal has expressed its “incredulity” at the way a solicitor’s former secretary befriended one of his clients and ended up in the client’s will.’
Legal Futures, 21st April 2020
Source: www.legalfutures.co.uk
‘The Will established a discretionary trust for the testatrix’s issue with a standard power to add any person as an additional beneficiary during the 80-year trust period and wide powers to appoint and apply capital and income. It directed that ‘in default of and subject to any exercise of’ those powers, the trustees should hold the trust fund (i) on expiry of the trust period for her issue (if any) then living and (ii) ‘if at any time the trusts declared by the foregoing provisions fail’ on trust for her nephews and nieces absolutely (subject to attaining age 18 or previously marrying). The testatrix had one child, who predeceased her. The question raised by the trustees was whether the power to add a beneficiary remained exercisable, or whether the trust fund was held exclusively for the nephews and nieces. The court held that upon the testatrix’s death the discretionary trusts had failed—that the power to add was not exercisable—and that the trust fund was accordingly held on trust for the class of nephews and nieces entitled under Clause 5(c)(iii) of the Will.’
Wilberforce Chambers, 12th March 2020
Source: www.wilberforce.co.uk
‘In this paper, Charles Holbech explores in detail the different grounds of invalidity on which a claimant might rely when challenging a suspicious will, including undue influence, fraudulent calumny, want of knowledge and approval, testamentary incapacity and lack of due execution.’
Radcliffe Chambers, 5th February 2020
Source: radcliffechambers.com
‘As of 31st December 2019, it is now possible for both same-sex and heterosexual couples to enter into a civil partnership. The institution was initially devised solely for same-sex couples through the Civil Partnership Act 2004; it was meant to be a distinct separate relationship status for same-sex couples akin, but different to, a marriage. This has now changed and moving into 2020, heterosexual couples may opt for a civil partnership instead of a marriage.’
Family Law, 5th February 2020
Source: www.familylaw.co.uk
‘A naturalist who wanted to rewild the family farm has lost a 15-year legal battle with his brother after a judge ruled he cannot prevent the sale.’
Daily Telegraph, 23rd January 2020
Source: www.telegraph.co.uk
‘Well, yes you probably did as a legal matter reach (or attain) age 21 at the start of your 21st birthday – ie at midnight at the start of that day (even if you had been born later in the day). But legally this has not always been the case in England and Wales.’
Wilberforce Chambers, 7th January 2020
Source: www.wilberforce.co.uk
‘A pensioner who was cut out of his father’s £2.4m will because he was an “unwanted war baby” has won his fight for a slice of the family fortune.’
Daily Telegraph, 12th December 2019
Source: www.telegraph.co.uk
‘Earlier this year the conflicting authorities of Bhusate v Patel [2019] EWHC 470 (Ch) and Cowan v Foreman and others [2019] EWHC 349 (Fam) cast doubt on the use of standstill agreements in respect of claims intended to be brought under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”). Following the determination of the appeal in the latter case that uncertainty has to a large extent been resolved.’
Becket Chambers, 4th December 2019
Source: becket-chambers.co.uk
‘Fraudulent calumny is a mouthful. It is therefore all the more surprising when I hear it come out of the mouths of lay clients when I first speak to them. Three years ago “fraudulent calumny” was at the back of practitioners’ minds; I certainly would not have heard it from clients. We may have been talking about similar facts but those discussions would always have been about undue influence and pressure on the testator (usually, to the caller’s detriment). Recently, however, something has changed, and we have seen a real growth in discussions around fraud in the creation of wills.’
Family Law, 10th December 2019
Source: www.familylaw.co.uk
‘I am regularly appointed to mediate disputes about the validity of a will. Almost by definition they involve claims by family members against other family members.’
4-5 Gray's Inn Square, 7th November 2019
Source: www.4-5.co.uk
‘The wife of a man who died in an electric skateboard crash has spoken of the importance of a legal document that let him “die with dignity”.’
BBC News, Novembet 2019
Source: www.bbc.co.uk
‘A churchwarden who murdered an author to inherit his estate has been jailed for a minimum of 36 years.’
BBC News, 18th October 2019
Source: www.bbc.co.uk
‘Many parents assume that if they have appointed a godparent for their child, that the godparent will be able to step in to take care of the children if they were to die, but this is not the case.’
Family Law, 7th October 2019
Source: www.familylaw.co.uk
‘The “Commorientes Rule” is (meaning “simultaneous deaths”) found in Section 184 of the Law of Property Act 1925. This rule states that if two or more people die in circumstances where it is not possible to determine who died first, the younger is deemed to survive the elder.’
Family Law, 6th September 2019
Source: www.familylaw.co.uk
‘In a decision handed down on 30th July 2019, the Court of Appeal have overturned a controversial first instance decision. Mostyn J had refused permission to bring a claim under s4 Inheritance (Provision for Family and Dependants) Act 1975. The substance of the claim under the Act related to whether a beneficial interest under a discretionary trust, rather than outright provision, failed to make reasonable provision for a spouse. The first instance decision created a stir because, among other findings, Mostyn J made obiter comments that it was not appropriate for parties to enter into ‘stand still agreements’ as an attempt to extend the 6-month time limit for bringing claims under the Act whilst negotiations were underway.’
No. 5 Chambers, 7th August 2019
Source: www.no5.com
‘An inheritance dispute between two stepsisters hingeing on which of their parents died first has been resolved by the High Court, which ruled that the younger parent legally outlived the older.’
Law Society's Gazette, 14th August 2019
Source: www.lawgazette.co.uk
‘A church warden who manipulated two elderly neighbours in order to benefit from their wills, has today been convicted of murder.’
Crown Prosecution Service, 9th August 2019
Source: www.cps.gov.uk
‘The Court of Appeal has overturned a decision to throw out a widow’s delayed application to claim from her late husband’s estate.’
Law Society's Gazette, 1st August 2019
Source: www.lawgazette.co.uk
‘The High Court has been asked to intervene in a £300,000 inheritance row between step siblings over which parent died first.’
Daily Telegraph, 25th June 2019
Source: www.telegraph.co.uk
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