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18 October 2013 / Henrietta Mason , Luca Del Panta , Jag-Preet Kaur
Issue: 7580 / Categories: Features , Wills & Probate
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Willing participants?

Jag-Preet Kaur, Henrietta Mason & Luca Del Panta provide a wills & probate update

In Vallee v Birchwood [2013] EWHC 1449 (Ch), [2013] All ER (D) 46 (Jun), the claimant was the daughter of the deceased. She was adopted by family friends as a child. On a visit by the claimant the deceased gave her the deeds and key to his house, saying that he did not expect to live until her next visit (in four months) and stating his intention that she should have the property when he died. He lived in the house until his death. The claimant did not benefit on his intestacy as she had been adopted.

On appeal to the High Court against the county court’s finding of a valid donatio mortis causa (gift made in contemplation of impending death, (DMC)), applying Sen v Headley [1991] Ch 425, [1991] EWCA Civ 13 the court held that:

  1. dominion in respect of land did not mean actual ownership because of the conditional nature of a DMC;
  2. since
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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

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Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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