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11 August 2011 / Michael Tringham
Issue: 7478 / Categories: Features , Wills & Probate
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Ready & willing?

Michael Tringham considers the consequences of failure

The number of contentious probate actions fell last year for only the second time in five years. Even so they were 64% higher than in 2006. Meanwhile trust property disputes have soared—from only 10 in 2006 to 111 in 2010, an increase of more than 1000% (Judicial and Court Statistics 2010).

What the Dickens?

Some will disputes must run their course. It took seven years to resolve the almost Dickensian case of Barrett v Bem (No 2) In re Lavin, decd [2011] EWHC 1247 Ch, [2011] All ER (D) 182 (May). The testator Martin Lavin died in hospital in January 2004, leaving seven surviving brothers and sisters. But his “2004 will”, made three hours earlier, named his sister Anne—who with her daughter Hanora and two nurses had been at his bedside—his sole beneficiary. In June she was granted probate, but died five months later.

In 2007 those entitled upon intestacy challenged Martin’s 2004 will, seeking revocation of Anne’s grant and claiming that “the 2002 will”, under which

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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