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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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