Court allows City giant to progress ex-client’s claim on assignment – Legal Futures

Posted March 18th, 2025 in assignment, law firms, limitations, negligence, news, sale of land, time limits, trusts, wills by tracey

‘A major City law firm can continue bringing a case it took on assignment from former clients which could mitigate a possible professional negligence claim, the High Court has ruled.’

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Legal Futures, 18th March 2025

Source: www.legalfutures.co.uk

Electrician wins £700,000 estate fight after sister seen on video helping their dying mother sign will – The Independent

Posted March 6th, 2025 in families, news, video recordings, wills by sally

‘An electrician has won a £700,000 will fight after a video emerged of his younger sister holding and “propelling” their dying mother’s hand as she signed over her fortune on her deathbed.’

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The Independent, 5th March 2025

Source: www.independent.co.uk

The Worst Secret Santa? Reflections on Hirachand v Hirachand and Anor [2024] UKSC 43 – St Philips Barristers

‘On 18 December 2024, the Supreme Court delivered its much-anticipated decision in Hirachand, holding that Conditional Fee Agreement (“CFA”) success fees cannot be recovered as part of an applicant’s financial needs under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”). Although the decision has now provided much-needed certainty in this area, to say it has had a mixed reception amongst Chancery practitioners would be an understatement. This note will provide an overview of the decision and its background as well as some reflections on its implications for future litigants.’

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St Philips Barristers, 30th January 2025

Source: st-philips.com

DBAs ruled unenforceable in high-value probate dispute – Law Society’s Gazette

Posted February 7th, 2025 in damages, law firms, news, probate, solicitors, wills by Lily

‘Damages-based agreements (DBAs) used by a law firm in a probate dispute concerning a multi-million pound estate are unenforceable because they do not comply with DBA rules, the High Court ruled last week.’

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Law Society's Gazette, 7th February 2025

Source: www.lawgazette.co.uk

Government announces reprieve for archive of historic wills – Law Society’s Gazette

Posted January 13th, 2025 in archives, consultations, Ministry of Justice, news, wills by sally

‘Controversial proposals to replace archived will documents with digital copies in order to save storage costs have been dropped, the Ministry of Justice has announced. In a move that will be welcomed by historians, a minister said the ‘indispensable bridge’ to the past would be preserved.’

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Law Society's Gazette, 10th January 2025

Source: www.lawgazette.co.uk

Man’s will written on back of food boxes is valid, UK high court rules – The Guardian

Posted November 14th, 2024 in charities, news, wills by sally

‘A will written on the back of cardboard food packaging has been found to be valid by the high court, meaning a charity stands to inherit £180,000.’

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The Guardian, 13th November 2024

Source: www.theguardian.com

National firm Foot Anstey wins injunction against litigant who harassed staff – Law Society’s Gazette

Posted October 23rd, 2024 in families, harassment, injunctions, law firms, news, wills by tracey

‘A disgruntled litigant who made threatening calls to a law firm has been banned from making any direct further contact with the practice.’

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Law Society's Gazette, 22nd October 2024

Source: www.lawgazette.co.uk

Law firm granted injunction after “obscene and criminal” phone calls – Legal Futures

Posted October 22nd, 2024 in families, harassment, injunctions, law firms, news, wills by tracey

‘A law firm has been granted an injunction by the High Court after four female members of staff received anonymous, “obscene and criminal” phone calls.’

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Legal Futures, 22nd October 2024

Source: www.legalfutures.co.uk

Testamentary capacity: warning signs and professional best practice – Wilberforce Chambers

Posted October 18th, 2024 in chambers articles, expert witnesses, news, probate, wills by sally

‘The recent decision of Joanna Smith J in Leonard v Leonard [2024] EWHC 321 (Ch) is instructive for private client practitioners, non-contentious and contentious alike. The validity of a will was disputed on the grounds of lack of testamentary capacity and want of knowledge and approval. The case stands out for its unusual facts, of how warning signs were missed, of how a professional will drafter failed to comply with repeated client instructions for a simple will, and of how the court will be aided (or not) by ex post facto expert evidence.’

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Wilberforce Chambers, 30th September 2024

Source: www.wilberforce.co.uk

Husband who escorted his wife to Switzerland not denied access to her estate under Forfeiture Rule – UK Human Rights Blog

Posted October 15th, 2024 in assisted suicide, forfeiture, married persons, news, suicide, wills by tracey

‘Philip Morris v James Morris, Kate Shmuel and Gregory White [2024] EWHC 2554 (Ch). These proceedings concerned the forfeiture rule under section 2(2) of the Forfeiture Act 1982 as it applies to the estates of people who travel to Switzerland for assisted dying (the 1982 Act). Mrs Myra Morris had ended her own life with the assistance of the staff at the Swiss clinic and the assistance of her husband Philip. She had been suffering from Multiple System Atrophy, a rare and degenerative neurological disorder with no known cure.’

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UK Human Rights Blog, 14th October 2024

Source: ukhumanrightsblog.com

Husband ‘unlawfully killed’ heiress and cannot inherit her £4m fortune, judge rules – The Independent

Posted September 9th, 2024 in families, news, unlawful killing, wills by tracey

‘A judge has ruled wealthy heiress Paula Leeson was unlawfully killed by her husband blocking him from inheriting her £4.4m estate.’

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The Independent, 7th September 2024

Source: www.independent.co.uk

When property held “in trust” is not a trust: the decision in Nazir v Begum [2024] EWHC 378 – Wilberforce Chambers

Posted September 2nd, 2024 in appeals, chambers articles, families, land registration, news, wills by sally

‘At first blush the decision of Freedman J in Nazir v Begum [2024] EWHC 378 (KB) appears counterintuitive. Section 33(1) of the Administration of Estates Act 1925 (“AEA”) states that:
“On the death of a person intestate as to any real or personal estate, that estate shall be held in trust by his personal representatives with the power to sell it”.’

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Wilberforce Chambers, 30th July 2024

Source: www.wilberforce.co.uk

Detriment, what detriment? – Gatehouse Chambers

Posted August 22nd, 2024 in chambers articles, estoppel, news, partnerships, wills by sally

‘The Court of Appeal in Winter & Anor v Winter & Anor [2024] EWCA Civ 699 recently considered an appeal focused on the finding of the judge at first instance that there was detriment for the purposes of a proprietary estoppel claim. The case provides a useful recap of the relevant principles to be applied when detriment falls to be considered.’

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Gatehouse Chambers, 25th July 2024

Source: gatehouselaw.co.uk

High Court refuses time extension to serve claim on law firm – Legal Futures

Posted August 5th, 2024 in law firms, limitations, negligence, news, time limits, wills by tracey

‘The High Court has refused a time extension to claimants to serve a professional negligence claim on a law firm over the restructuring of a trust.’

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Legal Futures, 5th August 2024

Source: www.legalfutures.co.uk

‘In contemplation of death’ case goes to appeal – Law Society’s Gazette

Posted August 5th, 2024 in appeals, bereavement, families, news, wills by tracey

‘Members of a family who lost out on a £2.8m inheritance after a relative left his estate to a friend by using a doctrine of Roman law have won permission to appeal over a potential “precedent of importance”.’

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Law Society's Gazette, 5th August 2024

Source: www.lawgazette.co.uk

High Court grants injunction to judge harassed by brother-in-law – Legal Futures

Posted July 30th, 2024 in families, harassment, injunctions, judges, news, wills by sally

‘The High Court has granted a final injunction to stop a district judge being harassed by his brother-in-law over a will.’

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Legal Futures, 30th July 2024

Source: www.legalfutures.co.uk

PCSO had ‘improper relationship’ with woman – BBC News

‘A former police officer who had an inappropriate relationship with a vulnerable woman committed gross misconduct, a police panel has ruled.’

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BBC News, 16th July 2024

Source: www.bbc.co.uk

Eternal life, or dead and buried – which claims survive death? – Wilberforce Chambers

‘Lois McMaster Bujold once wrote “the dead cannot cry out for justice. It is the duty of the living to do so for them”. This articles considers how far the living may be able to go – the death of a party to current or potential litigation is not a priority in the grieving process of the loved ones left behind, but it is an aspect of litigation with which lawyers should be familiar.’

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Wilberforce Chambers, 23rd May 2024

Source: www.wilberforce.co.uk

‘Spiteful’ mum stole daughters’ £50k inheritance – BBC News

Posted May 31st, 2024 in families, fraud, imprisonment, news, sentencing, wills by michael

‘A mother who stole £50,000 of inheritance from her two daughters out of “greed and spite” has been jailed.’

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BBC News, 31st May 2024

Source: www.bbc.co.uk

Paranoid Delusion, Undue Influence, and Predatory Marriage: Langley v Qin – New Square Chambers

‘Judgment has now been handed down in Langley v Qin, a dispute over the will of Robert Harrington
who, at the age of 93, married his carer, Ms Qin, then aged 54.’

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New Square Chambers, 15th April 2024

Source: newsquarechambers.co.uk