header-logo header-logo

18 October 2013 / Michael Tringham
Issue: 7580 / Categories: Features , Wills & Probate
printer mail-detail

Keeping it in the family

istock_000017813321medium

Michael Tringham follows families at war over intestacy claims

Two recent cases reveal the consequences of exposing family wounds in court. Both involve an adult child seeking to have their deceased parent declared intestate.

Brothers at law

When Daphne Jeffery died aged 76 in February 2010—10 days after her divorce was declared absolute—her last will left her £350,000 estate to the children of her son Andrew, and to her other son and joint executor Nicholas. Within four months Andrew, excluded from the will following a family dispute, was claiming for reasonable provision under the Inheritance Act 1975, asserting testamentary incapacity and undue influence by Nicholas.

During a four-day hearing this summer (Jeffery & Anor v Jeffery [2013] EWHC 1942 (Ch), [2013] All ER (D) 124 (Jul)) Mr Justice Vos heard evidence from barristers, solicitors and doctors before concluding: “The deceased obviously had capacity to make her wills. She never suffered from any mentally incapacitating complaint, even if she did experience occasional anxiety and mild depression.

“If people suffering from such

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll