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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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