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Playing for keeps

10 November 2011 / Michael Tringham
Issue: 7489 / Categories: Features , Wills & Probate
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Michael Tringham reports on families—& royalties

The same-sex partner of a flamboyant television presenter and hotelier who committed suicide in 2006 has failed to oust the latter’s executors. When he took his own life, Timothy Hadcock-May’s commercial property business was at the point of financial collapse. Since then his executors have been paying the estate’s debts by allowing the properties to be repossessed or sold off.

Now the Court of Appeal has refused Torquil Mackenzie-Buist leave to pursue further his application to remove the executors, suggesting that he settle with them before spending even more on legal costs. Sir Robin Jacob said: “The question should not come before this court, because it has no prospect of success”, adding it was “as plain as a pikestaff” that the Court of Appeal had no power to oust the executors.

Mackenzie-Buist claimed the executors had no right to dispose of the property portfolio because, having contributed most of the money, he held the properties as a joint tenant in equity—although they were registered in Hadcock-May’s name. The

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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
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
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