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08 March 2012 / Michael Tringham
Issue: 7504 / Categories: Features , Wills & Probate
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Willing & able?

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

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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
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’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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