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24 May 2024 / David Burrows
Issue: 8072 / Categories: Features , Family , Property , Wills & Probate
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Family law: land grab on the farm?

174025
David Burrows reflects on the tangled legacies we leave behind
  • How does the court define what is to be paid out where an issue arises between family members as to how family property should be divided up or sold?
  • A family farm owned by parents and a son: who owns the farm on the parents’ death; and how does that affect the rights of other surviving siblings?
  • How much ‘undue influence’ on a parent, and the signing of her will, is needed to make the will invalid?

Cases on the varied circumstances of family breakdown, family partnership and property distribution are relatively rare; then in ten weeks, four cases arrived from the Court of Appeal, all looking at different points. First were Savage v Savage [2024] EWCA Civ 49, [2024] All ER (D) 07 (Feb) and Williams v Williams & ors [2024] EWCA Civ 42, [2024] 4 WLR 10, [2024] All ER (D) 21 (Feb), where judgments were handed down on the same day (1 February

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MOVERS & SHAKERS

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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