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11 December 2008 / Michael Tringham
Issue: 7349 / Categories: Features , Wills & Probate
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The right to inherit

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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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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