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27 April 2007 / Tracy Harris
Issue: 7270 / Categories: Features , Wills & Probate
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A bitter dispute

The Rolling Stones banker and a question of trust. Tracy Harris reports

Post-death disputes over the provisions of wills have become an increasingly regular feature of the law reports and the press. A combination of sharp increases in real property values and a wider readiness to seek legal redress for perceived inheritance injustices has contributed to a heightened awareness of some long-available remedies. Often the legal and emotional issues are complex, as in Cox-Johnson v Cox-Johnson and Others, concerning the estate of Richard Cox-Johnson, dubbed the Rolling Stones’ banker by the press, where personal e-mails and a secret video recording proved both newsworthy and of central legal significance.

In principle, testators can leave their assets to whomever they wish, but the provisions of their will can be challenged after their death.

CHALLENGING WILLS

If the testator has testamentary capacity, their knowledge and approval of the will is usually assumed from the fact that the testator has signed and had it attested in proper form. However, if the court’s suspicion is aroused the burden of proof is on the person seeking to have the will

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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