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04 January 2007 / Helen Peacock , Paola Fudakowska , Paul Hewitt
Issue: 7254 / Categories: Features , Wills & Probate
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Wills and probate

Paul Hewitt, Paola Fudakowska and Helen Peacock discuss contested wills and claims against personal representatives

Limitation period for claims against personal representatives
 Angela Green (1) Sheila Ross (2) Katherine Toms (3) v Margaret Gaul (1) Michael Loftus (2) Dexter Gaul (3) [2006] EWCA Civ 1124, [2006] 4 All ER 1110

Ivor Loftus died on 11 August 1990 apparently intestate. He had six children, one of whom predeceased him leaving no issue. Letters of administration were granted to Margaret Gaul (M), Loftus’ daughter, without the knowledge of her siblings. The judge at first instance referred to a “culture of dishonesty” evidenced by tax evasion and imprisonment of one of the protagonists for fraud. At first instance both sides were found to have lied under oath.
The dispute centred around a builder’s yard which M claimed she had been allowed to retain under a compromise agreement concluded by the family in May 1992. Following this, M assented the yard to herself and in 1999 transferred it to her son Dexter Gaul (the third

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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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