header-logo header-logo

The vindictive beneficiary

05 August 2016 / Rawdon Crozier
Issue: 7710 / Categories: Features , Wills & Probate
printer mail-detail
nlj_7710_crozier

Rawdon Crozier reflects on mixed messages & disclaimer by conduct

  • Conflicting lines of authority about what is required for a disclaimer to become irrevocable & therefore effective.
  • What is the requisite intention for disclaimer?

The story of the “dog in a manger”, is, like almost every other fable, generally credited to Aesop and, like almost every other fable, has a plot of the utmost simplicity: a dog climbs into a mangerful of hay and guards it fiercely against the cows, goats, horses and any other animal that might benefit from eating its contents. When a horse, reasonably, points out that the dog only eats meat and asks why the dog is guarding the hay so vigorously, the dog replies: “So no-one else can eat it.”

Sometimes a beneficiary under a will or on an intestacy can behave like the dog of the fable—the “Fable of the vindictive beneficiary” might run as follows:

  • An unhappy family consisted of a mother, two children and a husband, step-father to the children, whom he did not like. In the end all of them become estranged from one another.
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll