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Spear's Review
‘Very lively, very busy,’ is Farrer & Co's Jeremy Gordon’s description of his year, citing an increase in wills disputes and inheritance tax claims. ‘People prepare wills and trusts they expect to stand up to scrutiny. Sometimes human nature intervenes – families falling out, allegations of undue influence and, more and more, capacity issues,’ he says.
Such cases reflect an ageing population, and the ageing process itself. ‘It’s a slow and uneven process and the law doesn’t really deal with that grey area when people become vulnerable and suggestible,’ Gordon says. In such instances, undue influence can arise – but the law sets a high bar for that. ‘It’s difficult when advising,’ he admits.
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