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28 June 2018 / Henrietta Mason , Harriet Gibson , Chris Williams
Issue: 7799 / Categories: Features , Wills & Probate
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Wills & probate update

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Lessons in undue influence & beneficial interests. An update from the courts by Henrietta Mason, Harriet Gibson & Chris Williams

  • The high threshold demanded when trying to demonstrate undue influence.
  • Parties should consider explicit wording to either include or exclude their beneficial interests in a joint account.

In Whitlock v Moree [2017] UKPC 44, Francis Lennard and his friend David Moree opened a joint account at First Caribbean International Bank (Bahamas) Ltd (FCIB) in November 2009. The money ($190,000) was all contributed by Francis. Both men signed an account opening application in FCIB’s standard format which stipulated (clause 20), ‘JOINT TENANCY: Unless otherwise agreed in writing, all money which is now or may later be created to the Account (including all interest) is our joint property with the right of survivorship. That means if one of us dies, all money in the account will automatically become the property of the other account holder(s). In order to make this legally effective, we each assign such money to the other account holder...’.

David was an executor of and beneficiary under Francis’s will. On 18 February

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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

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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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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