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Wills & probate update

28 June 2018 / Henrietta Mason , Harriet Gibson , Chris Williams
Issue: 7799 / Categories: Features , Wills & Probate
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Lessons in undue influence & beneficial interests. An update from the courts by Henrietta Mason, Harriet Gibson & Chris Williams

  • The high threshold demanded when trying to demonstrate undue influence.
  • Parties should consider explicit wording to either include or exclude their beneficial interests in a joint account.

In Whitlock v Moree [2017] UKPC 44, Francis Lennard and his friend David Moree opened a joint account at First Caribbean International Bank (Bahamas) Ltd (FCIB) in November 2009. The money ($190,000) was all contributed by Francis. Both men signed an account opening application in FCIB’s standard format which stipulated (clause 20), ‘JOINT TENANCY: Unless otherwise agreed in writing, all money which is now or may later be created to the Account (including all interest) is our joint property with the right of survivorship. That means if one of us dies, all money in the account will automatically become the property of the other account holder(s). In order to make this legally effective, we each assign such money to the other account holder...’.

David

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MOVERS & SHAKERS

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
Professor Dominic Regan of City Law School and the Frenkel Topping Group—AKA The insider—crowns Mazur v Charles Russell Speechlys LLP as his case of 2025 in his latest column for NLJ. The High Court’s decision—that non-authorised employees cannot conduct litigation, even under supervision—has sent shockwaves through the profession. Regan calls it the year’s defining moment for civil practitioners and reproduces a ‘cut-out-and-keep’ summary of key rulings from Mr Justice Sheldon
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