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15 October 2009 / Michael Tringham
Issue: 7389 / Categories: Features , Wills & Probate
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Families at war

Michael Tringham provides an update on family intrigue, delusion & greed

I am indebted to Charlotte Watts of the charity litigation team at Wilsons Solicitors LLP for highlighting a recent case about a family unhappy about a legacy to a charity.

She says of Ritchie, Ritchie and Others v National Osteoporosis Society and Others [2009] EWHC 709 (Ch) that “challenges based on testamentary capacity are becoming ever more common, and this increase is likely to continue as the population ages”.

Mrs Ritchie’s “delusions”

By a 1998 will, prepared by her solicitor eight years before she died, Mrs Ritchie left her entire £2.5m estate to the National Osteoporosis Society, apart from a £5,000 legacy to her local church. She had told her solicitor that her children (who received nothing) were well provided for and also referred to a history of violence towards her.

The Ritchie children claimed that their late mother suffered from a disorder of the mind which had poisoned her affections against them and these delusions had caused her to disinherit them. The Wilsons team report that the case turned on two points:

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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