29 September 2023
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.
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