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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
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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