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Wills & probate update

28 June 2018 / Henrietta Mason , Harriet Gibson , Chris Williams
Issue: 7799 / Categories: Features , Wills & Probate
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Lessons in undue influence & beneficial interests. An update from the courts by Henrietta Mason, Harriet Gibson & Chris Williams

  • The high threshold demanded when trying to demonstrate undue influence.
  • Parties should consider explicit wording to either include or exclude their beneficial interests in a joint account.

In Whitlock v Moree [2017] UKPC 44, Francis Lennard and his friend David Moree opened a joint account at First Caribbean International Bank (Bahamas) Ltd (FCIB) in November 2009. The money ($190,000) was all contributed by Francis. Both men signed an account opening application in FCIB’s standard format which stipulated (clause 20), ‘JOINT TENANCY: Unless otherwise agreed in writing, all money which is now or may later be created to the Account (including all interest) is our joint property with the right of survivorship. That means if one of us dies, all money in the account will automatically become the property of the other account holder(s). In order to make this legally effective, we each assign such money to the other account holder...’.

David

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

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Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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