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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
Robin Williams was an outstanding actor and comedian who broke new ground with his characters and films. News of his suicide in August 2014 shocked the world and, eight months after his death, he is still making headlines as detail of the Robin Williams Trust emerges.
As we have highlighted in previous blogs, challenging a will on the grounds of ‘want of knowledge and approval’ is not always easy. The recent case of King v King (2014) demonstrates that, in cases where testamentary capacity and execution are not in dispute, if a claimant is unable to satisfy the court that the circumstances in connection with a disputed will are sufficiently suspicious then a claim on the grounds of want of knowledge and approval will not succeed.
In January 2014, the Supreme Court handed down its’ judgment in the case of Marley v Rawlings and another, which related to a will that had been incorrectly signed. For an overview of the case, please see our previous blog: ‘Supreme Court upholds the Wills in a landmark case where a married couple accidentally signed each other’s wills’.
In the case of Arthur James Watts v John Harris Watts (2014) the High Court has recently awarded damages for deceit and breach of trust to a claimant beneficiary who was the victim of a fraudulent misrepresentation made by a trustee.
Judgment has now been given at the High Court in London in the dispute over Lucian Freud’s £96 million estate. Freud was an internationally-recognised and highly successful artist and draughtsman. His residuary estate after payment of legacies and inheritance tax but before administration expenses was estimated by the claimants to be worth about £42 million. The first claimant, Diana Rawstron, was Freud’s’s solicitor and the second claimant, Rose Pearce, was one of his children. They were the executrices of the disputed will. The defendant, Paul Freud, was one of his 14 children.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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