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10 November 2011 / Michael Tringham
Issue: 7489 / Categories: Features , Wills & Probate
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Playing for keeps

Michael Tringham reports on families—& royalties

The same-sex partner of a flamboyant television presenter and hotelier who committed suicide in 2006 has failed to oust the latter’s executors. When he took his own life, Timothy Hadcock-May’s commercial property business was at the point of financial collapse. Since then his executors have been paying the estate’s debts by allowing the properties to be repossessed or sold off.

Now the Court of Appeal has refused Torquil Mackenzie-Buist leave to pursue further his application to remove the executors, suggesting that he settle with them before spending even more on legal costs. Sir Robin Jacob said: “The question should not come before this court, because it has no prospect of success”, adding it was “as plain as a pikestaff” that the Court of Appeal had no power to oust the executors.

Mackenzie-Buist claimed the executors had no right to dispose of the property portfolio because, having contributed most of the money, he held the properties as a joint tenant in equity—although they were registered in Hadcock-May’s name. The

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Signature Litigation—Catherine Naylor

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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