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

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll