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16 December 2010 / Michael Tringham
Issue: 7446 / Categories: Features , Wills & Probate
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Dogs at law

Michael Tringham reports on a poignant US case & grapples with longevity statistics

A pet, they say, is not just for Christmas. Research from “find-a-solicitor” website Unbiased.co.uk shows that 1.5 million Britons intend to bequeath property to their pets. But any legal disputes that might emerge in the UK will pale in comparison with Carr v Mellon Private Trust Co & others in Florida’s Miami Dade-County probate court.

Hollywood film maker Bret Carr is the son of testatrix Gail Posner, legacies in whose will include: an $8m Miami Beach mansion for her three dogs, plus $3m for said canines’ lifetime care; some $25m for her housekeepers, personal assistants, bodyguards and personal trainer—but only a $1m trust fund for Mr Carr.

This is one of the more poignant sections of the trust instrument that controls Ms Posner’s will: “It is the settlor’s wish that the trustees ensure that her dogs receive the same degree of care that the settlor provided for said dogs during her lifetime. In addition it is the settlor’s wish (although in

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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