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30 October 2014 / Henrietta Mason , Paola Fudakowska
Issue: 7628 / Categories: Features , Wills & Probate
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The art of the matter

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Henrietta Mason & Paola Fudakowska provide a wills & probate update

In Rawstron v Freud [2014] EWHC 2577 (Ch), [2014] All ER (D) 14 (Aug), Lucian Freud made his last will on 10 May 2006. It was professionally drawn up and the residue was left as follows: “I give all the residue of my estate (out of which shall be paid my funeral and testamentary expenses and my debts) and any property over which I have a general power of appointment to the said Diana Mary Rawstron and the said Rose Pearce jointly.”

Pearce was one of Freud’s daughters. Rawstron was Freud’s solicitor. She had worked for him since 1986 and for the 20 years before he died had had almost daily contact with him. The will also appointed the two women as sole executors.

Mr Freud died on 20 July 2011 leaving a net estate of around £42m.

Pearce and Rawstron claimed to be absolutely entitled to the residuary estate, while also making clear that this gift

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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