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15 July 2010 / Michael Tringham
Issue: 7426 / Categories: Features , Wills & Probate
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Intestacies averted

Family troubles continue to keep probate in the headlines. Michael Tringham provides an update

Victor Reeve bequeathed most of his estate to his nieces, with whom he had a “close and affectionate” relationship—and excluding his adopted children, with whom he was said to be on poor terms. But shortly before his death from cancer he revoked his Will, stating that he wanted the money to devolve to the adoptees under intestacy laws. Letters showed that, like many seriously ill people, he was in a confused state, “remembering” attacks that never happened. The High Court (Hinton & Hayes v Leigh & Reeve [2009] EWCH 2658 Ch) found the testator’s change of mind was based on delusions caused by a mental disease “poisoning his affections”, and confirmed that as the same testamentary capacity is required to revoke as to make a Will, the revocation was invalid.

Unsisterly allegation

The High Court rejected Angela Salmon’s claim that her sister Jacqueline forged their late mother’s Will. Ethel Lucille Hayles left most of her £300,000 estate to Jacqueline, explicitly disinheriting the younger sister in these words: “To my young daughter

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Gateley Legal—Jack Kelly

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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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