header-logo header-logo

09 December 2011 / Michael Tringham
Issue: 7493 / Categories: Features , Wills & Probate
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll