Practice Direction 57AC (“PD 57AC”), which is published on the Judiciary UK website, will come into force on 6 April 2021. It relates specifically to witness evidence at trial...

Alternative Dispute Resolution (ADR) is often used in Wills and Estate disputes, it refers to any method of resolving disputes without litigation. Some of the most common forms are...

The intestacy rules determine how a person’s estate will be left if they die without leaving a valid Will. How an estate will pass depends on who survives the deceased. Where...

A testator can revoke their Will at any time during their life. Section 18 and 20 of the Wills Act 1837 specify that a Will can be validly revoked if the testator executes a...

What is testamentary capacity? In order to make a valid Will a person must have testamentary capacity. This means that they must: understand that they are executing a Will and the...

A Will’s validity can be challenged if the testator was unduly influenced into making it. However, ‘undue influence’ can be distinguished from mere persuasion from those who...

In my last blog entry I addressed the question ‘is there a time limit to pursue a claim against the validity of a Will?’. In this article I look to address the same question...

There are different time limits for bringing different types of claim. This time limit is known as the ‘limitation period’. Claimants should always seek legal advice as to the...

In the recent High Court case of Wales v Dixon and others [2020] the Deceased left his residuary estate to ‘such all of my nephews and nieces children living at my death’. The...

In a move to relax Will witnessing protocols during Coronavirus, the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 (SI 2020/952) was laid before...

People tend to avoid talking about certain topics with family members, such as what will happen to their assets after they die. Therefore, quite often, it can come as a shock to...

We recently reported on the likely surge in individuals preparing home-made Wills in light of the Covid-19 pandemic...

I recently published an article which goes through some of the options available to a person who is faced with a Will Dispute but cannot afford the costs associated with it. If you...

A personal representative (PR) is someone who has legal authority to administer an estate after someone’s death. This could be an executor (if appointed to act under a Will) or...

If you are faced with a Will Dispute (this may be a Will Claim, an Inheritance Dispute or a Trust or Estate Dispute), the costs associated with obtaining legal advice can feel...

We recently reported on the rising number of people preparing new Wills in light of the COVID-19 pandemic (read here). Having a carefully drafted Will is important for making sure...

In April last year the son of a farmer brought a claim against his parents for a share of the family farm following a breakdown in family relations. The court found that numerous...

When a person dies without a Will their estate will pass under the rules of ‘intestacy’. These rules govern who will receive an entitlement from the Deceased’s estate and how...

The Court of Appeal judgment handed down a few days ago in the case of Attorney General v Akhter, determined that an Islamic ceremony of marriage, which did not conform with...

We recently published a blog about the effect of a caveat (in preventing the issuing of a grant) and when a caveat can be entered. As highlighted by that blog, whilst a caveat will...