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Contentious probate and “lost” wills
This recent authority, which is the decision of a trial of a preliminary issue, was given in the context of contentious probate proceedings concerning the validity of a homemade will made by a testator with very significant mental health issues (and..
Online Published Date:
30 June 2022
Appeared in issue:
Vol 36 No 5 - 30 June 2022
Causation in trust law: Where are we now?
Where a trustee has misapplied trust property, their obligation to restore the trust asset (or its value) to the trust fund was traditionally viewed as a strict obligation, where principles of causation played little or no part. Rules of..
Online Published Date:
30 June 2022
Appeared in issue:
Vol 36 No 5 - 30 June 2022
Adult claims under the 1975 Act – Batstone v Batstone
Practitioners with experience in dealing with claims under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) will know that trials are uncommon. Due to the broad and unpredictable nature of the jurisdiction, these..
Online Published Date:
30 June 2022
Appeared in issue:
Vol 36 No 5 - 30 June 2022