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27 November 2008 / Paola Fudakowska , Paul Hewitt
Issue: 7347 / Categories: Features , Wills & Probate
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Update from the courts

Paul Hewitt & Paola Fudakowska discuss recent cases

In Jones and others v Firkin-Flood and another [2008] EWHC 2417 (Ch), [2008] All ER (D) 175 (Oct) the deceased (D) made a will in 2001, under which he appointed as executors his solicitor, one of his sons (I), and two employees of the family business and longstanding friends. The assets in his estate were the shares in the family companies and the family home. The main issues before Mr Justice Briggs were the contested distribution of the estate between D’s children and the conduct of the trustees. The judge dismissed the counterclaim by I’s brother and sister that there was an agreement made between them at the time the will was executed that the estate would be divided equally between them.

Trustees’ conduct
In relation to the trustees’ conduct the judge found that the trustees failed to ascertain the nature and extent of their duties and no trust accounts were ever prepared. Additionally, the trustees failed to supervise the management of the trust

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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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