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01 January 2009
Issue: 7350+7351 / Categories: Features , Wills & Probate
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Law reports: Will-Construction-Definition of "per stirpes"

Sammut and others v Manzi Jnr and other (2008) ALL ER (D) 79 (Dec); Lord Phillips, Lord Hope, Lord Rodger, Baroness Hale and Lord Carswell, 4 December 2008

The testator died in the Bahamas in February 2004. His executors estimated the value of his estate at $US30m. The proceedings concerned a will made in June 2003, which was admitted to probate in July 2004. Clause 6 of the will provided: “I hereby give demise and bequeath all of my... property...to the following persons in the following shares: (i) Th e fi rst share representing Fifty percent (50%) of my estate to my son, Robert Adams...(ii) The second share representing Twenty-Five percent (25%) of my estate to: a. my cousins..; and b. my ex-spouse Ruby Adams...in equal shares as to the realty in fee simple and as to the personalty absolutely. If any of [the cousins and/ or the wife] shall predecease me or shall fail to survive me for a period of Fourteen (14) days, the share to which that individual is entitled shall be paid, transferred or

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MOVERS & SHAKERS

42BR Barristers—4 Brick Court

42BR Barristers—4 Brick Court

42BR Barristers to be joined by leading family law set, 4 Brick Court, this summer

Winckworth Sherwood—Rubianka Winspear

Winckworth Sherwood—Rubianka Winspear

Real estate and construction energy offering boosted by partner hire

Gateley Legal—Daniel Walsh

Gateley Legal—Daniel Walsh

Firm bolsters real estate team with partner hire in Birmingham

NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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