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23 June 2020 / Constance McDonnell KC
Issue: 7892 / Categories: Features , Wills & Probate
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Wills & probate: Beware the beneficiary

23166
When a beneficiary becomes a wolf in sheep’s clothing: Beddoe relief & derivative claims, examined by Constance McDonnell QC
  • Bringing a claim: motivations of a beneficiary v a PR.
  • Roberts v Gill: principles of bringing a claim.
  • Beddoe applications: time to consider the possibility of a derivative claim?

It is not uncommon, indeed probably the norm, for a beneficiary to have stronger motivation than a personal representative to bring a claim on behalf of an estate where that beneficiary has personal knowledge of a perceived wrong done to their deceased relative and/or where the value of that beneficiary’s inheritance would be substantially affected by a successful outcome to the proposed claim. Subject to their resources, the beneficiary may therefore be more likely to be prepared to take up the cudgels on behalf of the estate and to pursue the claim with all necessary resources than an understandably more cautious PR.

Principles

It is now well settled that a beneficiary can bring a derivative

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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

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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

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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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