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29 September 2023
Issue: 8042 / Categories: Legal News , Wills & Probate
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NLJ this week: Statutory wills delayed by months & could proprietary estoppel rescue mutual wills?

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Delays to statutory wills and the benefits of proprietary estoppel where mutual wills are drawn up are covered in two separate articles in this week’s NLJ, in a special focus on wills and probate
First up, Gareth Williams, Court of Protection & wealth protection partner at Price Slater Gawne, shares the—sometimes tragic—consequences of delays to statutory wills. He proposes a possible, and relatively straightforward, way to fix the problem.

Williams writes that ‘Court of Protection and wealth protection, trusts and estates practitioners will all share the same primary concern when submitting an application for a statutory will; namely, that the person whose mental capacity is in question doesn’t live long enough for them to get to the end of the process’. Parties can expect months, not weeks, of unpredictable circumstances as a result.

Second, Mark Pawlowski, barrister & professor emeritus of property law, School of Law, University of Greenwich, looks at the doctrine of proprietary estoppel in connection with mutual wills, for example, where a couple draw up complementary or mirrored wills.

Pawlowski explores the issues, looking at relevant case law. His article touches on the issue of death and betrayal—to what extent does the law protect us after death if our beloved partner reneges on our testamentary wishes? The law itself is also fascinating.

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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