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09 December 2011 / Michael Tringham
Issue: 7493 / Categories: Features , Wills & Probate
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Big mistake

Michael Tringham reports on the dangers of cutting & pasting

When a new private client partner brought his firm’s will precedents “up to date”, it inadvertently brought the legatees of their client Mrs Joyce Austin to court. Under her 1993 will, the family home in Harborne, Birmingham, was to pass “absolutely” to her daughter Caroline, the claimant in Austin v Woodward & Anr [2011] EWHC 2458 (Ch). The consequence of introducing the new precedents when that will was updated in 2003 was that the property “would pass into residue in which [the daughter] has a life interest, with the remainder to the defendants”—the testator’s two grandchildren.

Mr Daniel Alexander QC, sitting as a deputy judge of the High Court, heard “unchallenged evidence” including: documents discovered by the claimant indicating that her mother had not changed her intentions from the earlier will; and an explanation by a former partner in the law firm as to instructions that were—and were not—given when the new will was prepared. The judge noted: “The testator did not indicate any intention to

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
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? 
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