‘What is behind the recent increase in will & inheritance disputes? Niamh Wilkie & Stephanie Coker consider the complications caused by cohabitation & blended families.’
5SAH, 3rd July 2023
Source: www.5sah.co.uk
‘The High Court has praised the “ingenious arrangement” of witnessing a will through a car window in the early days of the pandemic.’
Legal Futures, 22nd May 2023
Source: www.legalfutures.co.uk
‘A law firm which started proceedings when its client did not have standing to bring them has been ordered to pay wasted costs because it failed to check this.’
Legal Futures, 21st April 2023
Source: www.legalfutures.co.uk
‘Naidoo v Barton [2023] EWHC 500 (Ch) clarifies an important, and hitherto unresolved, issue concerning the doctrine of mutual wills. The court determined that it is the Etridge test for undue influence, applicable to challenging life time transactions, that applies when considering whether or not a mutual wills agreement should be set aside and not the more stringent probate test that generally applies where a will is challenged on the grounds of undue influence.’
Gatehouse Chambers, 12th March 2023
Source: gatehouselaw.co.uk
‘It was, Mr Justice Peel concluded, “the clearest possible case” for reasonable financial provision from a deceased’s estate under section 1 (1) (a) of the Inheritance (Provision for Family and Dependants) Act 1975 (IA 1975).’
Becket Chambers, 15th March 2023
Source: becket-chambers.co.uk
‘The term “predatory marriage” is not a legal concept, but rather a convenient descriptor for a marriage entered into in circumstances where one party to the marriage is vulnerable and has been induced to enter into the marriage by the other party who is acting solely for financial gain. The effects of a later life predatory marriage are pernicious and sad, and the current state of the law, particularly in the context of inheritance rights, is unsatisfactory.’
Gatehouse Chambers, 11th March 2023
Source: gatehouselaw.co.uk
‘A lawyer says she hopes for a change in attitude towards inheritance among British Asians after winning a case in which a widow secured half her late husband’s fortune.’
BBC News, 24th February 2023
Source: www.bbc.co.uk
‘A widow whose husband of 66 years excluded her and their four daughters from his will, and left everything to their two sons, has won a high court case for a share of an estate worth more than £1m.’
The Guardian, 15th February 2023
Source: www.theguardian.com
‘The High Court has allowed a will beneficiary to challenge a costs bill which rose significantly from its original estimate.’
Law Society’s Gazette, 10th February 2023
Source: www.lawgazette.co.uk
‘A scammer who tried to steal more than £2 million left by an elderly friend to an air ambulance charity before she died of cancer has been jailed for five years and three months.’
The Independent, 2nd February 2023
Source: www.independent.co.uk
‘Priscilla Presley, mother of the recently deceased Lisa Marie Presley, has launched a legal challenge to contest the validity of her late daughter’s Will. The challenge relates to a 2016 Amendment to her daughter’s Will which has the effect of removing Priscilla from her role as trustee of her daughter’s estate, significantly reducing the say that she has over how her daughter’s estate will be managed.’
Mills & Reeve, 1st February 2023
Source: www.mills-reeve.com
‘The High Court has rejected an application to begin contempt proceedings against a solicitor over what it said was a simple error in a witness statement.’
Legal Futures, 23rd January 2023
Source: www.legalfutures.co.uk
‘It’s becoming more and more common to see disputes over inheritance. In 2019, 188 cases of challenging Wills reached the High Court, a dramatic increase of 47% from cases in 2018. In fact, it is now estimated that 3 in 4 people are likely to encounter such a dispute within their lifetimes. It is more important than ever therefore to be aware of the grounds upon which a Will may be challenged.’
Mills & Reeve, 16th January 2023
Source: www.mills-reeve.com
‘As a solicitor dealing with will disputes, I know that beneficiaries can sometimes feel deeply frustrated by the behaviour of an executor (also called a “personal representative”) of a will. The emotional fallout from a bereavement sometimes leads to a toxic atmosphere and relationships can quickly sour. Very often this situation arises where executors and/or beneficiaries are not entirely sure of their rights and responsibilities.’
Family Law, 12th December 2022
Source: www.familylaw.co.uk
‘In this post, Tobias Seger, an Associate at CMS, comments on the Supreme Court’s decision in Guest v Guest [2022] UKSC 27, handed down by the Supreme Court on 19 October 2022. This case concerns the proper approach to granting relief under the doctrine of proprietary estoppel.’
UKSC Blog, 12th December 2022
Source: ukscblog.com
‘A woman whose solicitors’ error meant she was too late to challenge her mother’s will has been given permission to bring her action out of time.’
Legal futures, 2nd December 2022
Source: www.legalfutures.co.uk
‘The death of a member in a family partnership is an event which creates legal complexities as well as straining personal relationships. This article deals with common issues arising on the death of a member of a family partnership.’
Parklane Plowden Chambers, 19th October 2022
Source: www.parklaneplowden.co.uk
‘This appeal concerns the proper basis for awarding remedies in cases of proprietary estoppel. Proprietary estoppel arises when a person gives a promise or assurance to another person that they have or will be given an interest in property and that other person reasonably relies on the promise or assurance to their detriment.’
UKSC Blog, 19th October 2022
Source: ukscblog.com
‘In Re the estate of Cooper, deceased (probate); Cooper (a child, by her litigation friend) and another v Chapman and others [2022] EWHC 1000 (Ch), a draft will found on the Deceased’s computer after his death could be admitted to probate as his last will in circumstances where the executed will could not be located, and the fact that it could not be located did not mean that it should be presumed to have been revoked by the Deceased.’
St John's Buildings, May 2022
Source: stjohnsbuildings.com
‘In Hughes v Pritchard and others [2022] EWCA Civ 386, the Court of Appeal overturned the decision of the trial judge in a probate claim (see Hughes v Pritchard and others [2021] EWHC 1580 (Ch)) that a testator lacked testamentary capacity, concluding that the judge’s findings on that subject were “not open to him on the evidence”.’
St John's Buildings, 4th April 2022
Source: stjohnsbuildings.com
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