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10 March 2011 / Michael Tringham
Issue: 7456 / Categories: Features , Wills & Probate
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Intestacy rules (not always) OK

Michael Tringham surveys contentious probate cases

Mr and Mrs Rawlings’ mirror wills bequeathed their estates to each other—and on the survivor’s death to their adopted son Terry Marley, a joint tenant of the family home. The couple’s solicitor and his secretary went to their home in 1999 to supervise and witness execution of the wills. But the couple signed each other’s will; the error emerged only after Mr Rawlings’ death in 2006.

The consequence is that under intestacy rules the home and £70,000 estate will pass to the Rawlings’ natural sons, who were said not to be close to their parents. Now Mrs Justice Proudman has dismissed Mr Marley’s High Court action challenging what was clearly an unintended outcome (Marley v T and M Rawlings [2011] EWHC 161 (Ch), [2011] All ER (D) 43 (Feb)).
She decided that the Wills Act 1837 as amended provided a complete answer to the claim. Under s 9 “no will shall be valid unless—“(a) it is in writing, and signed by the testator…; and (b) it appears

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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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