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17 February 2017
Issue: 7734 / Categories: Case law , Law digest , In Court
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Will

Re Hayward (deceased) Kunicki and another v Hayward [2016] EWHC 3199 (Ch), [2016] All ER (D) 126 (Dec)

The Chancery Division held that, in a dispute concerning two wills (the 2008 will and the 2013 will), the 2013 will was valid. It held that the deceased had had capacity when he had signed the 2013 will and that he had known and had approved its contents. The court dismissed the defendant’s amended counterclaim for specific performance of an alleged contract, whereby the second claimant, his sister, had allegedly contracted to share the deceased’s estate equally with him. It held that, on the facts, the alleged agreement was not an enforceable contract.

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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