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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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