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Where there’s a will; there’s a way

04 June 2020 / Nicholas Bevan
Issue: 7889 / Categories: Features , Wills & Probate
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Is it a misconception that a witness needs to be physically present at a will signing? Dr Nicholas Bevan reports

Life is short and we all take an occasional shortcut now and then. In our private lives we do not hesitate to rely on the trusty sat-nav instead of undertaking the map-reading for ourselves. Some authors might even resort to a tired cliché for their article’s headline!

As busy professionals, most of us will occasionally have substituted a case header for the judgment we know we should have read. Sometimes we adopt the opinion of a trusted commentator, particularly when it is plausible.

However, this kind of referential behaviour can lead us badly astray. Even the most esteemed institutions and authorities, just like our sat-navs, can have a bad day. The present controversy over whether it is possible to execute a valid will over the internet using remote video technology, is a prime example of the blind leading the blind.

There is a near uniform consensus within

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NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
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