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28 June 2018 / Henrietta Mason , Harriet Gibson , Chris Williams
Issue: 7799 / Categories: Features , Wills & Probate
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Wills & probate update

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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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