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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
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...
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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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Trust, estates & will disputes blog

Preventing a grant of probate being obtained – the use of a caveat

25 Nov, 2019
We are often approached about the steps that someone can take to prevent an estate being distributed where there is a real concern over the validity of the deceased’s Will. ...
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Trust, estates & will disputes blog

Can we really not agree to additional time to negotiate?

22 Nov, 2019
I recently posted a blog on the court’s first instance decision in Cowan v Foreman & Ors [2019], in which Mr Justice Mostyn heavily discouraged the use of agreements to...
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Trust, estates & will disputes blog

Court awards cost protection to the son of a deceased in pursuing a claim against his siblings

16 Oct, 2019
In the recent case of Dhillon v Dhillon, the court made a Beddoe order in favour of one of three brothers in connection with a proposed claim against his siblings. A Beddoe order...
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Trust, estates & will disputes blog

Mediation heads of terms found to be binding by the court

16 Oct, 2019
In the recent case of Abberley v Abberley [2019] EWHC 1564 the High Court found that the heads of terms of settlement drawn up during the mediation was considered binding...
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Trust, estates & will disputes blog

DNA testing in estate disputes

26 Sep, 2019
DNA testing in estate disputes DNA testing to ascertain parentage has become more prominent. Recently, a care worker inherited a large country estate after successfully proving...
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Trust, estates & will disputes blog

Why good advice matters – and cooperation is key

14 Aug, 2019
Why good advice matters – and cooperation is key Estate planning when you have two families can often be complicated.  The importance of good advice, and the sad consequences...
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Trust, estates & will disputes blog

A 1975 Act Claim ‘With Superficial Attraction’ Fails

19 Jul, 2019
In the recent case of Wellesley v Wellesley [2019] the court has dismissed a claim under the Inheritance (Provision for Family and Dependants) Act 1975, despite the apparent...
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Trust, estates & will disputes blog

‘Promises Should be Kept’ - Court of Appeal Upholds Proprietary Estoppel Judgment

9 Jul, 2019
The court of appeal has recently upheld a high court judgement (in the case of Habberfield v Habberfield 2019) in which a large portion of a farming business was awarded to the...
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Trust, estates & will disputes blog

Can a Will be executed if a person loses capacity after giving instructions to a solicitor but before signing?

18 Jun, 2019
The Law Society has recently provided guidance on the steps a solicitor should take if they are instructed to prepare a Will and the person who instructs them loses capacity...
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Trust, estates & will disputes blog

The late emergence of a Will during a dispute and its implications on costs

13 Jun, 2019
In the recent case of Gaskin v Corus Law Ltd and another [2019] EWHC61(Ch)] the court considered the implications on costs of the late emergence of a Will in a probate dispute...
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Trust, estates & will disputes blog

Replacement of a company’s director and sole member before the issuing of a grant

30 May, 2019
When a company’s shareholder dies, the company will ordinarily have to wait for the grant of probate to be extracted before the deceased’s executor can be registered as the...
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Trust, estates & will disputes blog

Time limits under the Inheritance (Provision for Family and Dependants) Act 1975

28 Mar, 2019
Certain categories of individual can bring a claim against a deceased person’s estate if their Will (or the rules that govern how an estate passes if there is no Will) does not...
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