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02 June 2011 / Michael Tringham
Issue: 7468 / Categories: Features , Wills & Probate
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The generation game rolls on

Michael Tringham observes some recent judgments of Solomon

IN BRIEF

  • Son (partly) wins proprietary estoppel.
  • Wife adopts ex-husband to defeat “unfair” trust.
  • Mothers v fathers: court creates disabled children’s wills.

Disappointed with his only son John, Frank Suggitt left his £4m Yorkshire estate to his second daughter Caroline—but with this conditional promise in his will: “I express the wish (without imposing a trust) that if at any time my son shall in the absolute opinion of Caroline show himself capable of working on and managing my farmland that she shall transfer my farmland to him.”

The consequence: a double claim in Leeds High Court—for proprietary estoppel by John and for family provision under the Inheritance Act 1975 by his partner and mother of his children. John’s litigation was supported by his two other sisters. His Honour Judge Roger Kay QC commented: “The great sadness of this case is that both sides of the family became deeply entrenched and unable to reach a sensible compromise.”

Judge Kaye observed (In the matter

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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