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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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Trust, estates & will disputes blog

Investigations into a Lasting Power of Attorney's decisions

27 Mar, 2019
The Telegraph recently published an article on the difficulties that parties can face when the Office of the Public Guardian are investigating potential abuses of power under a...
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Trust, estates & will disputes blog

The Impact of Marriage on a Will

27 Feb, 2019
People are often surprised to learn that from the moment they get married a previously prepared Will is automatically revoked. Accordingly, unless a new Will is made after...
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Trust, estates & will disputes blog

Inheriting when bankrupt

9 Aug, 2018
Bankruptcy can be stressful and confusing. If you inherit assets around the time you are bankrupt, what happens depends on the date of death and date your bankruptcy ends (‘is...
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Trust, estates & will disputes blog

Appointment of new litigation friend

4 Jul, 2018
A ‘litigation friend’ is appointed to be a party to court proceedings when the person they are representing does not have the capacity to do so. The appointment of a litigation...
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Trust, estates & will disputes blog

Claiming part of an estranged spouse’s inheritance

7 May, 2018
If a couple separate but do not divorce, their finances continue to be linked until either a divorce or separation agreement (which divides finances in a binding agreement) is...
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Trust, estates & will disputes blog

What happens if a Will is not properly witnessed?

23 Apr, 2018
To be valid, a Will must meet certain standard criteria which are set out in section 9 of the Wills Act 1837. If these criteria are not satisfied then the Will may fail resulting...
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Trust, estates & will disputes blog

Can an adoptive child make a claim under the Inheritance Act?

9 Apr, 2018
In England and Wales the law allows certain relatives, dependants and those treated as children by the deceased to apply to the court if they are left out, or insufficiently...
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Trust, estates & will disputes blog

Can you claim an inheritance from your sibling?

19 Mar, 2018
Married couples and people with children will normally leave their money to their spouse or children after they die. If they are not properly provided for, a spouse or child is...
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