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Will they or won’t they?

30 October 2015 / Henrietta Mason , Paola Fudakowska
Issue: 7674 / Categories: Legal News , Wills & Probate
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Henrietta Mason & Paola Fudakowska report on some recent wills & probate cases

“Your will can be ignored” screamed The Telegraph after judgment was handed down in the recent case of Ilott v Mitson [2015] EWCA Civ 797, [2015] All ER (D) 290 (Jul) in which the deceased’s daughter was awarded a substantial sum from the deceased’s estate despite an express provision in the will that her daughter should not benefit. The media overstated the issue, but nevertheless the case serves as a reminder of incursions on testamentary freedom available under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). Chekov v Fryer [2015] EWHC 1642 (Ch), [2015] All ER (D) 303 (Jun) provides another example, this time enabling a former wife who had agreed a divorce award on the basis that she could not subsequently claim from her former husband’s estate on death, to do just that, following a period of reconciliation prior to his death.

Chekov v Fryer

Mr and Mrs Fryer divorced in 1981. The divorce order contained

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MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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