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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...
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Trust, estates & will disputes blog
What is Alternative Dispute Resolution?
19 Feb, 2021
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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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Trust, estates & will disputes blog
Can personal representatives claim for expenses in probate?
5 May, 2020
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...
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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...
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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...
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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...
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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...
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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...
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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...
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