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26 October 2012 / Michael Tringham
Issue: 7535 / Categories: Features , Wills & Probate
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What a turkey!

Michael Tringham follows the latest disputes in the wills & probate world

With litigation generally on a downward trend and even the number of grants of representation declining, a seemingly inexorable rise in probate and trust disputes is keeping the courts busy: proceedings rose by nearly 14% between 2010 and 2011 and more than doubled since 2006 (source: Ministry of Justice Judicial and Court Statistics).

Specialist solicitors attribute a variety of reasons for this. Howes Percival’s Elizabeth Young comments: “Families, who have not seen their relatives as regularly as perhaps they should (in the mind of the deceased) are stunned to find they are left nothing and question the validity of the will. Wills may be invalid for a want of proper formalities. ‘DIY’ wills may be incorrectly completed.” She cites recent cases where clients were unaware that their marriage had revoked the wills made days before their big day and never updated since, and another who had inadvertently revoked his UK will when making a new will in Canada to deal with a Canadian

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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