Trust, estates & will disputes

Search

Trust, estates & will disputes blog

Witness statements - new rules coming into effect from 6 April 2021

26 Feb, 2021
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...
Read more

Trust, estates & will disputes blog

What is Alternative Dispute Resolution?

19 Feb, 2021
by: Cripps Pemberton Greenish
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...
Read more

Trust, estates & will disputes blog

What are the intestacy rules?

21 Jan, 2021
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...
Read more

Trust, estates & will disputes blog

Revoking a Will

12 Jan, 2021
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...
Read more

Trust, estates & will disputes blog

What is testamentary capacity and when is it required?

15 Dec, 2020
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...
Read more

Trust, estates & will disputes blog

When is influence ‘undue’?

8 Dec, 2020
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...
Read more

Trust, estates & will disputes blog

1975 Act Time Limit

11 Nov, 2020
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...
Read more

Trust, estates & will disputes blog

Is there a time limit to pursue a Will validity claim?

3 Nov, 2020
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...
Read more

Trust, estates & will disputes blog

Definition of ‘nephews and nieces’ in a Will

29 Oct, 2020
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...
Read more

Trust, estates & will disputes blog

Changes to the formalities for executing a Will

27 Oct, 2020
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...
Read more

Trust, estates & will disputes blog

Cut out of my inheritance- what can I do?

30 Jul, 2020
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...
Read more

Trust, estates & will disputes blog

Delayed marriages/civil ceremonies and the impact on succession

29 Jul, 2020
We recently reported on the likely surge in individuals preparing home-made Wills in light of the Covid-19 pandemic...
Read more

Trust, estates & will disputes blog

Protecting yourself from cost shifting

4 Jun, 2020
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...
Read more

Trust, estates & will disputes blog

Can personal representatives claim for expenses in probate?

5 May, 2020
by: Cripps Pemberton Greenish
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...
Read more

Trust, estates & will disputes blog

Litigating a Will Dispute: What if I can’t afford it?

30 Apr, 2020
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...
Read more

Trust, estates & will disputes blog

COVID-19: a surge in Wills but are they valid?

27 Mar, 2020
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...
Read more

Trust, estates & will disputes blog

Court dismisses appeal in farming dispute

26 Mar, 2020
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...
Read more

Trust, estates & will disputes blog

Increase in Statutory Legacy

25 Feb, 2020
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...
Read more

Trust, estates & will disputes blog

Islamic ceremony of marriage not recognised as a valid marriage under English law

21 Feb, 2020
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...
Read more

Trust, estates & will disputes blog

How to Remove a Caveat

31 Dec, 2019
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...
Read more