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20 May 2016 / Henrietta Mason , Paola Fudakowska
Issue: 7699 / Categories: Features , Procedure & practice , CPR
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Will they or won’t they?

Paola Fudakowska & Henrietta Mason provide a wills & probate update

In Breslin v Bromley [2015] EWHC 3760 (Ch) the claimant (C) was the executor and beneficiary of his aunt’s will. He took his aunt to have her will prepared by a solicitor. The aunt did not execute the will before that solicitor but did so elsewhere, in circumstances which led to the second defendant (D2) requiring the will be proved in solemn form by cross examining the witnesses who attested, and leading to an allegation of undue influence by the third defendant (D3) (which claim was later abandoned). However, C was successful in his claim that the will was valid. Therefore the court had to determine the appropriate costs order.

The normal rule was that costs follow the event and C had succeeded in his claim. In probate proceedings an order for costs could be made out of the estate where the testator, or a principal beneficiary, was “really the cause of the litigation”. The court could also leave the parties to pay

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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