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19 May 2017 / Henrietta Mason , Paola Fudakowska
Issue: 7746 / Categories: Features , Wills & Probate
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Willpower & determination

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Paola Fudakowska & Henrietta Mason provide a wills & probate update

  • Will construction case regarding the scope of the definition of ‘grandchildren’.
  • Appeal of an award to a cohabitant under the I(PFD) Act 1975.

H and v George [2017] EWHC 533 (Ch), [2017] All ER (D) 147 (Mar) considers if the definition of ‘grandchildren’ in the testator’s will should include adopted grandchildren.

Henry Hand (HH) died in 1947. His will gave life interests to his three children, with the remainder to their own children in equal shares. At the time of trial his children were all dead. His daughter had had two biological children (the defendants) and one of his sons had adopted two children (the claimants) in 1948 and 1950 respectively.

The provision of HH’s will which stated that the remainder of his residue should pass to his children’s ‘children’ was in dispute. The claimants advanced that the definition of children should be interpreted to include adopted children. The defendants argued that the interpretation of ‘children’ was restricted to ‘biological children’

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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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