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15 July 2016 / Henrietta Mason , Paola Fudakowska
Issue: 7707 / Categories: Features , Wills & Probate
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Willing & able

Paola Fudakowska & Henrietta Mason examine recent wills & probate decisions

  • Davies and another v Davies : an appeal of a proprietary estoppel decision.
  • Hamilton v Hamilton : High Court considers the question of whether assets held in a Liechtenstein Foundation in fact formed part of the deceased’s estate such as to be distributed under the terms of his will.

Davies and another v Davies [2016] EWCA Civ 463, [2016] All ER (D) 09 (Jun), deals with an appeal of a proprietary estoppel decision. The claimant (C) worked intermittently on her parents’ dairy farm throughout her adult life. She did so for little or no pay, working long and anti-social hours and giving up a well-paid career. C did so on the expectation that she would inherit all or part of farm and/or farm business. Her parents made various promises to this effect throughout the period 1985 to 2008.

C made a successful claim based on proprietary estoppel, although the court at first instance rejected her claim for the whole farm but

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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