Making a valid will - possibility of changes to the law ?

On 28th November, an interesting thread appeared on Twitter concerning WILLS.  The "tweeter" was barrister Barbara Rich (@BarbaraRich_law) who practices in the field of trusts, inheritance and the Court of Protection.

English Law is strict about the formalities normally required for an individual to make a valid will and these are set out in the Wills Act 1837 section 9.   In particular, the will is only valid if it is in writing, and signed by the testator, or by some other person in his presence and by his direction.  It must appear that the testator intended by his signature to give effect to the will and the signature has to have been made or acknowledged by the testator in the presence of two or more witnesses present at the same time.  Each witness must attest and sign the will.

The insistence

Brexit material and Parliament ~ Contempt?

There is some talk that the Secretary of State for Exiting the EU (Mr David Davis MP) might be in contempt of Parliament for failing to comply with the Humble Address of 1st November.

The Address stated: "That an humble Address be presented to Her Majesty, That she will be graciously pleased to give directions that the list of sectors analysed under the instruction of Her Majesty's Ministers, and referred to in the Answer of 26 June 2017 to Question 239, be laid before this House and that the impact assessments arising from those analyses be provided to the Committee on Exiting the European Union." (My emphasis).

Investigatory Powers Tribunal - Judicial Review excluded

The Investigatory Powers Tribunal (IPT) was created by the Regulation of Investigatory Powers Act 2000 Part IV - (RIPA).  The Tribunals' website states that it - " ... investigates and determines complaints which allege that public authorities or law enforcement agencies have unlawfully used covert techniques and infringed our right to privacy, as well as claims against the security and intelligence agencies for conduct which breaches a wider range of our human rights."  The law enforcement agencies referred to include the Security Services.  The Tribunal has helpfully provided links to the relevant legislation and Codes of Practice - HERE.

Misleading reporting - R v Douglas Addison

The BBC reported on the case of R v Douglas Addison heard at the Crown Court in Exeter - BBC News 21st November.  The report states:

"A husband has been found guilty of murdering his 88-year-old wife who was suffering with dementia.  Douglas Addison, 89, attacked Mary Addison with his walking stick and smothered her at their retirement bungalow in St Merryn, Cornwall, in February.  The former police officer, who also has dementia, was unable to cope with looking after his wife of 67 years.  He has been detained in a mental health facility.  Addison could not attend Exeter Crown Court or enter a plea due to his condition."

Mr Addison is NOT guilty of murder. 

International Court of Justice - UK loses seat

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations - UN Charter Chapter XIV.  The court operates according to its Statute and Judges serve for 9 year terms.  They may be re-elected by the United Nations. 

Judge Christopher Greenwood was elected to the court in November 2008 and was willing to be re-elected.  However, it became clear that he was not securing sufficient support within the UN General Assembly and his candidacy was withdrawn - The Guardian 20th November  and  BBC 21st November - How UK lost ICJ place to India

The result

The "sealed" will of HRH The Duke of Windsor

Royal Wills have been in the legal news this week - In the matter of HRH The Duke of Windsor (deceased) [2017] EWHC 2887 (Fam) - or via Bailii.   First of all, some background.  

Sealing of wills:

The Senior Courts Act 1981 section 124 requires wills under the control of the High Court in the Principal Registry or any district probate registry to be deposited and preserved and, subject to the control of the High Court and to probate rules, to be open to inspection.  The Non-contentious Probate Rules 1987 Rule 58 (NCPR) provides that an original will shall not be open to inspection if, in the opinion of a registrar, such inspection would be undesirable or otherwise inappropriate.  The words in blue are not amplified in the Rules so the question is raised as to when it may be undesirable or inappropriate to permit inspection. Where inspection is considered to be "undesirable or inappropriate" the will is "sealed" and will only be available for inspection if the High Court permits.

As we know from many recent events,

Dishonesty in Criminal Cases

Vicky Patterson worked as a cleaner for Simply Holidays, a company which owned property including two caravans at Beach Holiday Park, Kessingland, in Suffolk.  She was charged with two offences of theft of money paid to the company.  One offence was dated 4th March 2016 and the second dated 27th February 2017.  In both cases the amount in question was £140.  Magistrates at Great Yarmouth heard a submission of "no case to answer" and agreed that there was not a case to answer. The question for the High Court was whether the Magistrates were correct and it was held that they were not - CPS v Vicky Patterson [2017] EWHC 2820 (Admin) - Sir Brian Leveson P and Mrs Justice McGowan.

Grenfell Tower Inquiry - update

The Grenfell Tower Inquiry has published an update via the Inquiry website - HERE.  The update provides information about the progress of the Inquiry, community engagement activity, Core Participants, appointment of assessors to the Inquiry, Inquiry phases, evidence from resident, a procedural hearing to take place on 11 and 12 December 2017 and the venue in which the Inquiry intends to conduct its work

Three Assessors have been appointed - see the announcement and details of the appointees.  Assessors are appointed in accordance with the Inquiries Act 2005 section 11.  They are not part of the "Inquiry Panel" which is the Chairman alone (Sir Martin Moore-Bick).  The role of assessors includes:  taking part in Inquiry proceedings as requested by the Chairman;  providing suggested lines of questioning for witnesses to Counsel to the Inquiry; and providing assistance and advice on any other matter relevant to the Inquiry within their area of expertise.  Assessors do not give evidence to the Inquiry, nor are they asked questions or cross-examined at the Inquiry. 

Brexit Round 6 and promise of a EU (Withdrawal and Notification) Bill

The moment the 2 year period was triggered

Round 6 of the Brexit negotiations were held in Brussels on 9th and 10th November and concluded without any major breakthrough on either Citizens' rights, Northern Ireland or the Financial settlement.  The EU seeks agreement on those matters before it will discuss matters such as the future trading relationship.  The EU negotiators (Mr Michel Barnier et al) are bound by the Guidelines set by the European Council - (see post 1st May 2017).


End of round statements:

David Davis (Secretary of State for Exiting the EU)

Michel Barnier - Chief Negotiator

The "European Union Newsroom" is a useful site for information about Brexit

Statement to Parliament 13th November:


On 13th November, Mr Davis made a statement to the House of Commons - see Hansard 13th November.   See also Dept. for Exiting the EU announcement.  In his statement Mr Davis said:

Setting Brexit Day in stone? An unwise move. (Addendum 15th November)

Article 50 of the Treaty on European Union (TEU) and the European Union (Withdrawal) Bill are both in the news again as serious doubts are developing about the economic wisdom of Brexit.

Article 50 Notice:

Lord Kerr of Kinlochard, who was Britain’s permanent representative at the EU before becoming ambassador to the US,  drafted Article 50 TEU and has always been of the view that a notification under Article 50(2) may be unilaterally revoked by the State which gave the notice.  This point could easily have been dealt with when the Article was being drafted but, unfortunately, it was not.  Lord Kerr is now calling upon the government to publish any legal advice it has received from the Law Officers on this point - The Independent 10th November 2017.

The government

Brexit: The non-existent impact assessments demanded by the Humble Address

On 1st November the House of Commons voted to present this Humble Address to HM The Queen:

"That an humble Address be presented to Her Majesty, That she will be graciously pleased to give directions that the list of sectors analysed under the instruction of Her Majesty's Ministers, and referred to in the Answer of 26 June 2017 to Question 239, be laid before this House and that the impact assessments arising from those analyses be provided to the Committee on Exiting the European Union." [My emphasis].

The address was the outcome of the 1st November debate entitled Exiting the EU: Sectoral Impact Assessments.  Here is the Hansard record of the debate.  The phrase "impact assessments" is used throughout the debate by many members.  Nevertheless,

Voting for Prisoners - latest in the long-running saga

The Lord Chancellor and Secretary of State for Justice (David Lidington MP) was appointed after the June General Election (post 12th June).  One of the long-standing issues he inherited was that of whether prisoners (or some prisoners) should be allowed to vote.  The present ban is in the Representation of the People Act 1983 section 3 (as amended):

"A convicted person during the time that he is detained in a penal institution in pursuance of his sentence or unlawfully at large when he would otherwise be so detained is legally incapable of voting at any parliamentary or local government election."

So far

"Fat Rascal" - a Registered Trade Mark

199 Steps Whitby

FAT RASCALS have been made in North Yorkshire and other places for many decades.  They may not be the ideal food for those seeking to maintain a trim figure but they are a delight to have in a pleasant cafe along with coffee or tea.  The website Foods of England informs us that the name "Fat Rascals" has been in use at least since the 1855 "Glossary of Yorkshire Words and Phrases Collected in Whitby and the Neighbourhood."  The BBC offers us a recipe and says here that they may have been made since Elizabethan times.

"An Humble Address" to Her Majesty - 1st November 2017

On Wednesday 1st November, the House of Commons debated Exiting the EU: Sectoral Impact Assessments.  The Opposition Motion was worded in archaic terms:

"That an humble Address be presented to Her Majesty, That she will be graciously pleased to give directions that the list of sectors analysed under the instruction of Her Majesty's Ministers, and referred to in the Answer of 26 June 2017 to Question 239, be laid before this House and that the impact assessments arising from those analyses be provided to the Committee on Exiting the European Union."