header-logo header-logo

27 April 2007 / Tracy Harris
Issue: 7270 / Categories: Features , Wills & Probate
printer mail-detail

A bitter dispute

The Rolling Stones banker and a question of trust. Tracy Harris reports

Post-death disputes over the provisions of wills have become an increasingly regular feature of the law reports and the press. A combination of sharp increases in real property values and a wider readiness to seek legal redress for perceived inheritance injustices has contributed to a heightened awareness of some long-available remedies. Often the legal and emotional issues are complex, as in Cox-Johnson v Cox-Johnson and Others, concerning the estate of Richard Cox-Johnson, dubbed the Rolling Stones’ banker by the press, where personal e-mails and a secret video recording proved both newsworthy and of central legal significance.

In principle, testators can leave their assets to whomever they wish, but the provisions of their will can be challenged after their death.

CHALLENGING WILLS

If the testator has testamentary capacity, their knowledge and approval of the will is usually assumed from the fact that the testator has signed and had it attested in proper form. However, if the court’s suspicion is aroused the burden of

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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

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’ 
back-to-top-scroll