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Will

16 October 2014
Issue: 7626 / Categories: Case law , Law digest , In Court
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Marley v Rawlings and another [2014] UKSC 51, [2014] All ER (D) 135 (Sep)

The proceedings concerned a dispute over the validity of the deceased’s will, which had, due to an oversight by a solicitor (the solicitor), been signed by his wife. The claimant was the beneficiary under the will, if it was valid. The defendants were the deceased’s children. Following an earlier judgment allowing the claimant’s appeal from a decision in the Court of Appeal, Civil Division, the Supreme Court considered the construction of conditional fee agreements and further held that the right order to make was that the solicitor’s insurers pay the costs of the proceedings of the claimant up to and including the Supreme Court and of the defendants up to and including the appeal to the Court of Appeal. Further orders were made. 

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