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The right to inherit

11 December 2008 / Michael Tringham
Issue: 7349 / Categories: Features , Wills & Probate
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Where there’s a will, a quarrel’s on the way, says Michael Tringham

 

Will disputes have become the 21st century’s breach-ofpromise— creating work for lawyers and copy for journalists. One London fi rm has 10 partners dedicated to such tasks; provincial solicitors say their caseloads have tripled in the last decade.

Cases often bring grimy linen into the open. An Oxfordshire man’s will left his estate to the adult children from his marriage—but failed to mention the secret daughter from an adulterous affair for whom he had been paying maintenance. The court made an award to the half-sister; legal costs swallowed most of the money. Although bigger legacies are one factor—in 2007–2008 over 30,000 estates were worth more than £300,000—it’s not only the amount at stake that tempts litigants. Fragmented family structures— multiple marriages and cohabitations— mean that children from a fi rst marriage or long fi nished relationship can feel left out.

A central London head of trust and fi duciary disputes says: “Legal battles can be waged over anything from a few

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Pillsbury—Lord Garnier KC

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Partner and associate join employment practice

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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