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Wills and probate

30 March 2008 / Paola Fudakowska , Adam Cloherty , Paula Hewitt
Issue: 7266 / Categories: Features , Wills & Probate
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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