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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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