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30 March 2008 / Paola Fudakowska , Adam Cloherty , Paula Hewitt
Issue: 7266 / Categories: Features , Wills & Probate
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Wills and probate

Service out of jurisdiction, Making wills for family members, Lifetime gifts

CONSTRUCTION

Thomas v Kent [2006] EWCA Civ 1485, [2006] All ER (D) 57 (May)

John Jones died in 1944 leaving a will which provided for an ultimate trust, to take effect after successive life interests, “unto my brothers (excluding and excepting my brother David Jones) and sisters in equal shares, the shares of any deceased brother or sister to be taken by his or her children in equal shares”.

The deceased was one of 11 children. When the will was executed the excluded brother and three sisters were known to be alive. In 1992 the estate became subject to the ultimate trust. The trustees applied to the court to establish how the fund should be distributed. The trustees’ view was that descendants of all the brothers and sisters (excluding David Jones) should benefit.

Pauline Kent, a partner in a firm of solicitors, was joined as a defendant to the proceedings to represent those who would benefit if ‘brothers and

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

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Morgan Lewis—Paul Feldberg

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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