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Will construction and the admissibility of extrinsic evidence
Although they are often sought in the alternative by the same claim form, construction and rectification are in fact, in both principle and practice, quite different and often do not sit together particularly comfortably: construction looks to the..
Online Published Date:
30 April 2021
Appeared in issue:
Vol 35 No 3 - 30 April 2021
Evidence of will forgery – Re Brunt
Re Brunt [2021] EWHC 368 (Ch) calls into question the settled practice of assessing expert evidence which supports a case of will forgery and is a reminder of the importance of the first instance judge explaining the reasons for disbelieving a..
Online Published Date:
30 April 2021
Appeared in issue:
Vol 35 No 3 - 30 April 2021
Professional deputies and fixed costs in the Court of Protection
The case of PennTrust Ltd v West Berkshire District Council and The Public Guardian [2020] EWCOP 48 concerned the fixed costs regime at Practice Direction 19B of the Court of Protection Rules 2017 (“PD19B”).PD19B provides that, where solicitors are..
Online Published Date:
30 April 2021
Appeared in issue:
Vol 35 No 3 - 30 April 2021