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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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