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15 April 2010 / Richard Sims
Issue: 7413 / Categories: Features , Wills & Probate , Family
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Code of conduct

Richard Sims reports on developments in family provision & intestacy

The last few years have seen a number of cases in both the Chancery Division and the family courts where the behaviour of the parties has had a bearing on the outcome of the case or, at the very least, has been taken into consideration as a factor. While conduct has, since 1984, generally been a matter of irrelevance in divorce proceedings, the same cannot be said of family provision claims.

In Baynes v Hedger [2009] EWCA Civ 374, [2009] All ER (D) 50 (May) the claimant’s mother had been in a same-sex relationship with the deceased. It was held that the mere fact of receiving gifts was not sufficient, as it was apparent that the gifts were made by the deceased only with reluctance, and under a great deal of emotional pressure. The Court of Appeal acknowledged that the deceased had provided for her god-daughter, the claimant, during her lifetime but that her financial difficulties were of her own making. (See 159 NLJ

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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