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15 February 2007 / Paola Fudakowska , Abigail Palmer-page , Paul Hewitt
Issue: 7260 / Categories: Features , Wills & Probate
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Wills and probate

VALID TESTAMENTARY GIFTS >>
ESTATE ADMINISTRATION COSTS >>
BOUNTY HUNTERS >>

FROM HMRC

Practitioners should be aware that as Capital Taxes no longer exists as an entity, in future it will be known as HM Revenue & Customs Inheritance Tax and, over time, all references to Capital Taxes, CT and CTO will be removed from letters, forms and guidance.

CONSTRUCTION
Gibbs v Harding [2007] EWHC 3 (Ch), [2007] All ER (D) 28 (Jan)

Sister Joseph Harding made a will dated 25 March 2003 which included the following provision:

‘I…wish to revoke my last will and testimony made previous to todays (sic) date…If I should die in the meantime before making another will it is my wish that everything I possess be taken over by the Diocese of Westminster to hold in trust for the Black community of Hackney, Haringey, Islington and Tower Hamlet (sic).’

The question was whether this paragraph created a valid testamentary gift.
On 4 November 2002 Sister Joseph had made a will which left the residue of her estate to the Westminster Roman Catholic Diocesan Trust (the

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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