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14 January 2010 / Michael Tringham
Issue: 7400 / Categories: Features , Wills & Probate
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After death does it start

Michael Tringham uncovers a world of revocation, rectification & an opt-out

A £7m dispute in the last weeks of 2009 has confirmed that the dictum “a will is revoked by marriage” also extends to civil unions.

Australian rock music executive Peter Ikin, 62, died suddenly of natural causes in November 2008—only a month after entering into a civil union at Chelsea Town Hall with Frenchman Alex Despallieres. His civil partner produced the photocopy of an alleged will made in August 2008 that named him as the main beneficiary, and was granted probate in February 2009.
But Peter Ikin had previously made a will in 2002. So in March 2009 lawyers for the executors of the earlier will lodged a High Court claim, alleging that the 2008 version was “a forgery”. They also disputed that the original of the “purported will” ever existed—rejecting Mr Despallieres’ claim that it had been stolen in a burglary of the couple’s £2m Chelsea flat.

However those arguments were overtaken by a High Court ruling that the 2008 and

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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