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26 October 2012 / Michael Tringham
Issue: 7535 / Categories: Features , Wills & Probate
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What a turkey!

Michael Tringham follows the latest disputes in the wills & probate world

With litigation generally on a downward trend and even the number of grants of representation declining, a seemingly inexorable rise in probate and trust disputes is keeping the courts busy: proceedings rose by nearly 14% between 2010 and 2011 and more than doubled since 2006 (source: Ministry of Justice Judicial and Court Statistics).

Specialist solicitors attribute a variety of reasons for this. Howes Percival’s Elizabeth Young comments: “Families, who have not seen their relatives as regularly as perhaps they should (in the mind of the deceased) are stunned to find they are left nothing and question the validity of the will. Wills may be invalid for a want of proper formalities. ‘DIY’ wills may be incorrectly completed.” She cites recent cases where clients were unaware that their marriage had revoked the wills made days before their big day and never updated since, and another who had inadvertently revoked his UK will when making a new will in Canada to deal with a Canadian timeshare.

Unstuffed turkey

A less than bootiful case

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Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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