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30 October 2015 / Henrietta Mason , Paola Fudakowska
Issue: 7674 / Categories: Legal News , Wills & Probate
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Will they or won’t they?

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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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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