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18 October 2013 / Michael Tringham
Issue: 7580 / Categories: Features , Wills & Probate
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Keeping it in the family

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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

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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