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29 September 2023
Issue: 8042 / Categories: Legal News , Wills & Probate
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NLJ this week: Statutory wills delayed by months & could proprietary estoppel rescue mutual wills?

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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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
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