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04 August 2017 / Henrietta Mason , Paola Fudakowska
Issue: 7757 / Categories: Features , Wills & Probate
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Words v intentions

​Paola Fudakowska & Henrietta Mason return with a wills & probate update

  • Application for revocation for a grant of letters of administration.
  • Whether wording in will is sufficient to exclude the operation of s 33 of the Wills Act 1837.

Donna-Lynne Maria Morris v Sylvester Hazelwood Browne, Carol Hazelwood-Morris and Mr Evans [2017] EWHC 631 (Ch) deals with an application for revocation for a grant of letters of administration and an account in light of the existence of a will.

Ethelyn Violet Morris died on 22 March 2012. She had five children, namely the Claimant, the three Defendants and a further son, Colin, who was not a party. The Defendants obtained letters of administration on their mother’s purported intestacy on 2 October 2013 and sold her property for £920,000 in February 2014.

The Claimant’s solicitors wrote to the Defendants in February 2015 saying they understood that the Defendants had been aware of the existence of the deceased’s will, enclosing a copy of the original. The solicitors made clear that under the will, the Claimant

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NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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