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19 June 2015 / Henrietta Mason
Issue: 7657 / Categories: Features , Wills & Probate
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​Tools of the trade

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Henrietta Mason considers recent procedural developments in contentious succession

The last six months have seen some interesting substantive law developments in the disputed wills field, most notably the clarification of the appropriate test for testamentary capacity in Re Walker (Deceased) [2015] WTLR 493, and more recently, the reining in of the expanded doctrine of Donatio Mortis Causa by the Court of Appeal in King v Chiltern Dog Rescue [2015] EWCA Civ 581, [2015] All ER (D) 105 (Jun). While substantive developments are exciting and covered widely in the legal press, it pays not to overlook interesting procedural aspects, which can be used to bolster the litigator’s toolkit. There have been a few of note over the last year.

Taylor v Bell

Taylor v Bell [2015] EW Misc B3 (CC) provides an unusual example of an application to vary a consent order in relation to claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). Mr Gardiner’s will made no provision for his son, Miles Taylor, who therefore applied for reasonable provision under the 1975 Act. His application was

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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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