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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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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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