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19 June 2015 / Henrietta Mason
Issue: 7657 / Categories: Features , Wills & Probate
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​Tools of the trade

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Henrietta Mason considers recent procedural developments in contentious succession

The last six months have seen some interesting substantive law developments in the disputed wills field, most notably the clarification of the appropriate test for testamentary capacity in Re Walker (Deceased) [2015] WTLR 493, and more recently, the reining in of the expanded doctrine of Donatio Mortis Causa by the Court of Appeal in King v Chiltern Dog Rescue [2015] EWCA Civ 581, [2015] All ER (D) 105 (Jun). While substantive developments are exciting and covered widely in the legal press, it pays not to overlook interesting procedural aspects, which can be used to bolster the litigator’s toolkit. There have been a few of note over the last year.

Taylor v Bell

Taylor v Bell [2015] EW Misc B3 (CC) provides an unusual example of an application to vary a consent order in relation to claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). Mr Gardiner’s will made no provision for his son, Miles Taylor, who therefore applied

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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