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19 July 2018 / Constance McDonnell KC
Issue: 7802 / Categories: Features , Wills & Probate
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Against their will?

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Constance McDonnell uncovers a surprising scenario in the area of probate law

  • A will is by operation of law revoked by the testator’s marriage (notwithstanding that one of the spouses lacked capacity to marry or was coerced into marrying).

It may come as a surprise to many practitioners that a will is by operation of law revoked by the testator’s marriage notwithstanding that one of the spouses lacked capacity to marry or was coerced into marrying. This bizarre lacuna in the law merits some attention in Parliament, particularly given the efforts being made generally by state bodies, lawyers and charities to safeguard the interests of vulnerable persons of all ages.

This issue was considered by the Court of Appeal in 1978 in Re Roberts deceased [1978] 1 WLR 653, [1978] 3 All ER 225. In that case a widow was seeking a grant of administration of an estate on the footing of an intestacy. The deceased was said to have been subnormal intellectually and also to have suffered from senile dementia at

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NEWS
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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