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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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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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