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08.06.12

Judgment in Cushway & Elliot v Harris [2012] EWHC 2273 (Ch)

Tom Dumont, instructed by Harcus Sinclair, appeared for the Claimants in their claim to set aside two wills.

A solicitor drafted wills for his two elderly aunts, under which he benefitted. The older aunt was 90 and suffering from early Alzheimers. The younger was terminally ill. They were both in hospital. Neither could read their wills. The Defendant removed assets from their estates first using an EPA, and then as executor. Mr Justice Henderson set aside the two wills the solicitor had drafted, on the grounds of want of knowledge and approval. So concerned was he at the facts disclosed to him that he directed the papers be sent to the DPP.

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