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The friendly approach

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