Undue influence: On the side of caution

University of Greenwich | February 2023 #220
Mark Pawlowski looks at the duties of a solicitor advising a spouse who may be at risk of being influenced into charging their interest in the family home as security for their spouse’s indebtedness The solicitor’s task in providing independent advice should not be viewed as purely a formality or a charade. They should obtain …

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Fraudulent calumny and undue influence: When foul play is suspected

RWK Goodman | July/August 2022 #235
Amanda Noyce examines where we are now after Whittle v Whittle  In both Christodoulides and Whittle the testator was frail, elderly and close to death and the calumniator was living in their parent’s house and had isolated the parent. How often does the heart of a contentious probate lawyer sink when a new enquiry is …

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Wills: High Court rules against multimillionaire’s 2014 will

Nelsons | June 2022 #234
Documentary records were critical in establishing lack of knowledge and consent in a high-value judgment over an illiterate settlor’s will. Kevin Modiri discusses One would expect that if after just two years, a testator made a significant change to their will that cut out three residuary beneficiaries who together stood to inherit over £46m, a …

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Testamentary capacity: When capacity fluctuates

Farrer & Co | October 2021 #227
Joseph de Lacey and Rowan Cope update practitioners on the High Court’s current approach to interpreting testamentary capacity It is striking that what appeared to be settled conclusions by respected professionals made contemporaneously with the execution of the disputed will… could be partially displaced by a misunderstanding as to the scale of the difference between …

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