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Private prosecutions – A route to justice for the charity sector
Sophie Tang
Over the past year there have been many headline grabbing articles in the press that demonstrate the relatively common place crossover between the criminal and civil law when dealing with disputes surrounding wills, probate, trusts and estate administration. These include the case of the law firm employee sentenced to four years in prison for siphoning charity donations from the estates of deceased individuals over a 13 year period, the case of Grierson v Grierson [2024] EWHC 3048 (Ch) where it was alleged that one of the deceased’s sons had forged his mother’s signature on a will and a deed of transfer, and a mother who stole her daughters inheritance from their late grandmother’s estate whilst acting as a trustee.
The government is aiming to update the Arbitration Act 1996 by passing the Arbitration Bill, intended to further solidify England and Wales as one of the premier hubs for arbitration against a backdrop of recent updates in competing jurisdictions.
When a testator makes a will, they must have the requisite testamentary capacity to do so. If they do not, this may be grounds for a disappointed beneficiary to issue a probate claim to challenge the validity of the will after the testator's death.
This quarterly civil fraud update provides a summary of reported decisions handed down in the courts of England and Wales in the period of October - December 2024.
The London Court of International Arbitration (LCIA) has recently released an updated report detailing the costs and duration of arbitration proceedings under its rules. This is the third costs and duration report published by the LCIA and builds on the 2015 and 2017 versions - the report aims to provide a more transparent and predictable cost structure for parties involved in arbitration.
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