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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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