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Relative values

31 May 2012 / Michael Tringham
Issue: 7516 / Categories: Features , Wills & Probate , Family
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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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Pillsbury—Lord Garnier KC

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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