Much like the rest of society, the legal world is evolving to better understand the impact and effect of mental health disorders. Using examples, this blog series will explore how...

An important question for those involved in ligation is who will be responsible for the costs? The recent case of Goodwin v Avison [2021] offers a helpful reminder of the general...

In circumstances where an individual lacks capacity and requires serious medical treatment, it will fall to a ‘decision maker’ (such as an attorney or deputy) to make medical...

Having previously discussed challenging a will under the ground of undue influence, in this blog I explore the subtly different ground of fraudulent calumny. Influence from...

R (Deceased), Re [2021] EWHC 936 (Ch) (16 April 2021) A recent High Court case demonstrated how strong the obligation on parents is to make provision for their minor children in...

The High Court has today delivered its verdict in a high profile case concerning two adult sisters who brought a claim against their late father’s high value estate (Tony...

It is possible to challenge the validity of a will on the basis that a testator did not know or approve of its content. What does testator need to know? A testator must know the...

The Inheritance (Provision for Family and Dependants) Act 1975 (the “1975 Act”) allows certain categories of people to bring a claim for reasonable financial provisions to be...

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...