header-logo header-logo

Willing & able?

08 March 2012 / Michael Tringham
Issue: 7504 / Categories: Features , Wills & Probate
printer mail-detail

Michael Tringham reports on invalid, void & forged wills

Two Court of Appeal decisions in long-running disputes have averted one intestacy and confirmed another.

Martin Lavin’s 2004 death-bed will was first declared invalid and his six-figure estate intestate in 2009 by Mr Geoffrey Vos QC. At the 2011 retrial fresh evidence enabled Vos J (as he had by then become) to accept the will on the grounds that Anne, Martin’s sister and sole beneficiary, had held his shaking hand to steady it while he signed. Now that decision is overturned.

Explaining why Martin’s 2002 will is to be admitted to probate, Lord Justice Lewison said (Barrett v Bem [2012] EWCA Civ 52, [2012] All ER (D) 175 (Jan)): “The testator must make some…positive and discernible communication (verbal or non-verbal) that he wishes the will to be signed on his behalf by the third party…There is no finding here that Martin asked Anne to step in and sign the will; or that Anne asked Martin whether she should sign the will before she ‘stepped

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
back-to-top-scroll