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NLJ this week: Statutory wills delayed by months & could proprietary estoppel rescue mutual wills?

29 September 2023
Issue: 8042 / Categories: Legal News , Wills & Probate
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Delays to statutory wills and the benefits of proprietary estoppel where mutual wills are drawn up are covered in two separate articles in this week’s NLJ, in a special focus on wills and probate
First up, Gareth Williams, Court of Protection & wealth protection partner at Price Slater Gawne, shares the—sometimes tragic—consequences of delays to statutory wills. He proposes a possible, and relatively straightforward, way to fix the problem.

Williams writes that ‘Court of Protection and wealth protection, trusts and estates practitioners will all share the same primary concern when submitting an application for a statutory will; namely, that the person whose mental capacity is in question doesn’t live long enough for them to get to the end of the process’. Parties can expect months, not weeks, of unpredictable circumstances as a result.

Second, Mark Pawlowski, barrister & professor emeritus of property law, School of Law, University of Greenwich, looks at the doctrine of proprietary estoppel in connection with mutual wills, for example, where a couple draw up complementary or mirrored wills.

Pawlowski explores the issues, looking at relevant case law. His article touches on the issue of death and betrayal—to what extent does the law protect us after death if our beloved partner reneges on our testamentary wishes? The law itself is also fascinating.

MOVERS & SHAKERS

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

Maria Karaiskos KC, recently appointed as the first female head of Church Court Chambers, discusses breaking down barriers, the lure of the courtroom, and the power of storytelling

Cripps—Simon Main

Cripps—Simon Main

Firm strengthens residential property team with partner hire

Hugh James—Danielle Cahill

Hugh James—Danielle Cahill

Private wealth disputes team welcomes partner in London

NEWS
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
Barbara Mills KC, chair of the Bar 2025 and joint head of chambers at 4PB, sets out in this week's NLJ how the profession will respond to Baroness Harriet Harman KC’s review into bullying, harassment and sexual misconduct at the Bar
In a very special tribute in this week's NLJ, David Burrows reflects on the retirement of Patrick Allen, co-founder of Hodge Jones & Allen, whose career epitomised the heyday of legal aid
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