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Big mistake

09 December 2011 / Michael Tringham
Issue: 7493 / Categories: Features , Wills & Probate
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Michael Tringham reports on the dangers of cutting & pasting

When a new private client partner brought his firm’s will precedents “up to date”, it inadvertently brought the legatees of their client Mrs Joyce Austin to court. Under her 1993 will, the family home in Harborne, Birmingham, was to pass “absolutely” to her daughter Caroline, the claimant in Austin v Woodward & Anr [2011] EWHC 2458 (Ch). The consequence of introducing the new precedents when that will was updated in 2003 was that the property “would pass into residue in which [the daughter] has a life interest, with the remainder to the defendants”—the testator’s two grandchildren.

Mr Daniel Alexander QC, sitting as a deputy judge of the High Court, heard “unchallenged evidence” including: documents discovered by the claimant indicating that her mother had not changed her intentions from the earlier will; and an explanation by a former partner in the law firm as to instructions that were—and were not—given when the new will was prepared. The judge noted: “The testator did not indicate any intention to

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

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Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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