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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
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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