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Big mistake

09 December 2011 / Michael Tringham
Issue: 7493 / Categories: Features , Wills & Probate
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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