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A terrible ruling (Wills)?

Re: A terrible ruling (Wills)?

Postby dls » Tue Jul 28, 2015 6:29 pm

Years ago, in wills disputes, courts were rather more ready to award costs to both sides to be paid from the estate. Such a claim could often be a freebie.
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Re: A terrible ruling (Wills)?

Postby miner » Tue Jul 28, 2015 6:38 pm

Thanks!
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Re: A terrible ruling (Wills)?

Postby Russell » Tue Jul 28, 2015 7:11 pm

Isn't the definition of fair, the opinion that would be held by the man in the street? I know it anecdotal but this has been big news on the radio today and the man on the street has spoken overwhelmingly again this descition.
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Re: A terrible ruling (Wills)?

Postby Smouldering Stoat » Tue Jul 28, 2015 7:22 pm

No. That is not the definition of fair.
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Re: A terrible ruling (Wills)?

Postby Russell » Tue Jul 28, 2015 7:26 pm

So what is?
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Re: A terrible ruling (Wills)?

Postby dls » Tue Jul 28, 2015 7:30 pm

Isn't the definition of fair, the opinion that would be held by the man in the street?


Not by a long long way.
You can find a general definition, but in practice a lot depends upon context.

If you want some fun, look up the maxims of equity.
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Re: A terrible ruling (Wills)?

Postby atticus » Tue Jul 28, 2015 7:36 pm

I bet the reporters doing these vox pops didn't understand when asking the question.

I have twice run such claims. Each time for elderly ladies who had lived with a man for many years and been left nothing - no home, no money, nothing.

I got them each some money.

Was that "fair"?
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Re: A terrible ruling (Wills)?

Postby Russell » Tue Jul 28, 2015 7:42 pm

Yes, if married or a dependent its very fair.
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Re: A terrible ruling (Wills)?

Postby Russell » Tue Jul 28, 2015 7:44 pm

The only one in favour on the radio was a lady who said that the Charities in should only get the money for pedigree animals and no mongrels. So she was only half in favour really.
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Re: A terrible ruling (Wills)?

Postby Russell » Tue Jul 28, 2015 7:45 pm

dls wrote:
Isn't the definition of fair, the opinion that would be held by the man in the street?


Not by a long long way.
You can find a general definition, but in practice a lot depends upon context.

If you want some fun, look up the maxims of equity.


Are the courts not servants of the public?
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