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15 July 2016 / Henrietta Mason , Paola Fudakowska
Issue: 7707 / Categories: Features , Wills & Probate
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Willing & able

Paola Fudakowska & Henrietta Mason examine recent wills & probate decisions

  • Davies and another v Davies : an appeal of a proprietary estoppel decision.
  • Hamilton v Hamilton : High Court considers the question of whether assets held in a Liechtenstein Foundation in fact formed part of the deceased’s estate such as to be distributed under the terms of his will.

Davies and another v Davies [2016] EWCA Civ 463, [2016] All ER (D) 09 (Jun), deals with an appeal of a proprietary estoppel decision. The claimant (C) worked intermittently on her parents’ dairy farm throughout her adult life. She did so for little or no pay, working long and anti-social hours and giving up a well-paid career. C did so on the expectation that she would inherit all or part of farm and/or farm business. Her parents made various promises to this effect throughout the period 1985 to 2008.

C made a successful claim based on proprietary estoppel, although the court at first instance rejected her claim for the whole farm but awarded her £1.3m. C’s parents appealed the level of the financial

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NEWS
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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