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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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