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Expertise
4th October 2024

Three books for thought

Thank you to the excellent speakers at the recent Three Books Conference hosted by New Square Chambers.

The useful panel session on costs in contentious probate claims, 1975 Act claims and PR removal claims provided a range of insightful case law and key takeaways. Of particular interest was a detailed analysis of Lumb v Lumb [2023] EWHC 2052 (Ch), a successful appeal on costs where there was found to be no reasonable grounds for a son to challenge his mother’s Will. For non-contentious practitioners, it is vital to be alive to all these areas to advise clients who might find themselves on the brink of family conflict.

The notable keynote speech was from the impressive Alexander Learmonth KC who piqued the salient questions facing the future of undue influence in practice, a topic we expect to see gain more coverage with the Law Commission currently consulting on proposals to reform the law on the making of Wills.

The final part of the conference provided a lively debate on whether the law of succession has become too flexible at the cost of certainty. The motion provided a backdrop for a range of legal topics to be debated. This included the benefits (and the drawbacks) of many corners of succession planning from secret trusts, the rectification of Wills and family provision claims. Such technical discussion regarding testamentary freedom provided intellectual nourishment to the attendees; a welcome opportunity to remind ourselves about this important principle which lies at the centre of our practice.

The event was the perfect opportunity to catch up with our private client colleagues across the industry.