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22 September 2017
Issue: 6672 / Categories: Legal News , Wills & Probate
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Wills update: undue influence & other concerns

The Law Commission’s proposals on testamentary undue influence are ‘cause for concern’, Jonathan McDonagh, Serle Court, has warned.

Writing in NLJ this week, McDonagh critiques the Commission’s consultation, Making a will, due to close on 10 November. While the Commission has called the law out-of-date, McDonagh says there is no need to scrap it just because it was made by Victorians. On proposed reforms to introduce circumstances where a presumption of undue influence can be applied, he says it is ‘very difficult to see what could be achieved’.

Also in NLJ this week, Alison Regan, partner at Russell-Cooke, asks how far a charity should go to protect a charitable legacy, and the duties of charity trustees, particularly in the high-profile case of animal lover Tracy Leaning.

Geldards’ partner Giselle Davies, and legal executive Ellis Pugh, meanwhile, consider the Fundraising Preference Service, which screens junkmail, and ask if it will alleviate concerns about charity behaviour.

 

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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