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05 May 2011 / Michael Tringham
Issue: 7464 / Categories: Features , Wills & Probate
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Intestacy turns to trust

Michael Tringham reviews some recent court decisions at home & abroad

The relationship of cohabitants Tina Cattle and Paul John Evans ended on 23 March 1990, when 59-year-old Mr Evans died—intestate. Subsequently Ms Cattle claimed “reasonable provision” from the deceased’s £220,000 estate, referring to a will drafted three days before his death but never executed. Mr Evans’s sons Paul and Gareth, beneficiaries on the intestacy, disputed her claim.

The couple lived together in England, Spain and latterly Wales between 1990 and 2009—albeit with a two-year hiatus after 1997. The trial transcript (Cattle v Evans [2011] EWHC 945 (Ch)) refers to a marriage proposal that was never formalised—and the planned purchase of a home in Wales with money from the sale of a jointly owned Spanish property.  But that plan was overtaken by the deceased’s being diagnosed with terminal cancer eight months before his death. Instead he bought the house almost entirely with his own money and the property was conveyed into his sole name, apparently for tax reasons.

While solicitors’ attendance notes

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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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