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31 May 2012 / Michael Tringham
Issue: 7516 / Categories: Features , Wills & Probate , Family
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Relative values

Michael Tringham provides a round-up of recent adoption & intestacy cases

Child adoption has had legal status in England and Wales since 1926. But only now—in the wake of a 2010 intestacy, a £3.2m trust settlement from 1948 and the European Convention on Human Rights—are adoptees recognised as “statutory next of kin”.

Sons win

The trust’s sole beneficiary, the settlor’s daughter, died in 2010, leaving no children or other descendants. But her late sister, the next entitled, did leave two sons, Christopher and Stephen Pigott, whom she had adopted 60 years ago.

The first question to be decided in Re Erskine Trust, Gregg and anor v Pigott and ors [2012] EWHC 732 (Ch) was the meaning of “statutory next of kin”—“the persons who would take beneficially on an intestacy” under s 50(1) of the Administration of Estates Act 1925 (AEA 1925). The second was whether the Convention, which became part of English law in 2000, had retrospective effect on AEA 1925 and on the construction of a private settlement made in 1948.

The

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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