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22 May 2015
Issue: 7653 / Categories: Features , Wills & Probate
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The friendly approach

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Blood is not necessarily thicker than water where will validity is concerned, observes Emma Myers

Pensioner, Ronald Butcher, left more than a monetary legacy when he died. The challenge to his decision to change his will late in the day cutting out family members in favour of someone who’d done him a good turn has highlighted important issues around validating wills and the court’s attitude relatives’ claims.

Seventy-five-year-old Mr Butcher, a bachelor from Enfield in north London, changed his will to disinherit his cousin and two family friends, instead leaving his entire £500,000 estate to a builder who had reportedly cleaned his gutter for free.

The earlier beneficiaries claimed that Mr Butcher did not know and approve of the will’s contents. However, their inability to provide evidence to support this led the court to uphold the will in favour of builder Daniel Bryan Sharp.

Mr Butcher and Mr Sharp met in 2009 and remained friends after the original gutter-clearing job. Mr Sharp of Welling, Kent, would look in on the pensioner whenever he was in the

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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