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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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NEWS
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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
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’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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