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Wills, spills, forgery & other ills

19 January 2018 / Constance McDonnell KC
Issue: 7777 / Categories: Features , Wills & Probate
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It’s a family affair: Constance McDonnell presents a review of key contentious probate cases

  • Testamentary capacity & weight of evidence of a solicitor or other professional who prepared the will.
  • Want of knowledge & approval.
  • Claims by adult children.

Three recent cases in which testamentary capacity was an issue highlight the weight which is likely to be given to the evidence of a solicitor or other professional who prepared the will.

In Edkins v Hopkins [2016] EWHC 2542 (Ch), HHJ Jarman QC sitting in the Cardiff District Registry considered the validity of a will made by a testator (T) three months before his death at the age of 59 due to alcoholic liver damage. The will had been prepared by a solicitor who had many years’ experience of drafting wills and who attended T at home. She did not follow the Golden Rule as she did not feel it was necessary. She did, however, produce a very full attendance note. By the disputed will T gave shares worth £822,000

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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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