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The generation game rolls on

02 June 2011 / Michael Tringham
Issue: 7468 / Categories: Features , Wills & Probate
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Michael Tringham observes some recent judgments of Solomon

IN BRIEF

  • Son (partly) wins proprietary estoppel.
  • Wife adopts ex-husband to defeat “unfair” trust.
  • Mothers v fathers: court creates disabled children’s wills.

Disappointed with his only son John, Frank Suggitt left his £4m Yorkshire estate to his second daughter Caroline—but with this conditional promise in his will: “I express the wish (without imposing a trust) that if at any time my son shall in the absolute opinion of Caroline show himself capable of working on and managing my farmland that she shall transfer my farmland to him.”

The consequence: a double claim in Leeds High Court—for proprietary estoppel by John and for family provision under the Inheritance Act 1975 by his partner and mother of his children. John’s litigation was supported by his two other sisters. His Honour Judge Roger Kay QC commented: “The great sadness of this case is that both sides of the family became deeply entrenched and unable to reach a sensible compromise.”

Judge Kaye observed (In the matter

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MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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