Trust, estates & will disputes

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...

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...

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...

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...

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...

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...

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...

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...

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...

In July 2016, Mary Sargeant applied for permission to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against her husband’s estate. Mary had...

A recent newspaper’s report on an emotionally charged case where Ms Proles, on behalf of her four year old daughter, is seeking a share of the estate of Mr Kohli. It is claimed...

What happens if someone makes a Will relying on incorrect information – this may sound unfair, but does it make the Will invalid? Disputing a Will in this type of situation is...

When a grandparent passes away, there are two ways a grandchild may challenge their Will. If the grandchild thinks the Will is invalid, they can challenge it on this basis...

In August 2017, The Financial Times reported  that there had been a 36% surge in inheritance disputes being brought to the High Court in 2016.  158 claims were brought under the...

Disputes often arise following someone’s death and resolving problems is increasingly complex as family structures become less formulaic. Concerns about where someone should be...

We are commonly asked to advise beneficiaries on disputes with Executors and Administrators. One of the key issues where there has been a breakdown is whether they can be removed...

While many may trust their chosen beneficiaries to provide for other family members, the emotional upheaval following death can lead to unexpected disagreements and conflict within...

It is challenging to successfully contest a Will based on fraud or forgery however, in some cases, the evidence is sufficient for a judge to declare a Will invalid on these...

  Most individuals are free to choose how to dispose of their estate, with a Will directing the distribution of their assets. Hereditary peerages (individuals whose title may...

Disproving a Will on the basis of fraud is difficult and consequently very rare. The burden of proof is high and the quality of expert testimony (e.g. handwriting experts) is...