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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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