When the country was plunged into a third national lockdown by the Government earlier this month, the Wills and Probate industry – that historically has always relied on face-to-face contact...
Coronavirus Lockdown Three – Can I Still Make A Lasting Power Of Attorney?
The New Year is typically a time when people look to sort out their legal affairs, such as making a Lasting Power of Attorney (LPA). However, this year, due to...
Shapton v Seviour – A Shift Towards A Rise In Hopeless Inheritance Act Claims?
The recent case of Shapton v Seviour has highlighted that claims being pursued in accordance with the Inheritance (Provision for Family and Dependants) Act 1975 (Act), are being made with...
Constructive Trusts – Don’t Forget The Detriment
The Court of Appeal has restated the importance of establishing detrimental reliance when claiming the existence of a common intention constructive trust in the case of O’Neil v Holland [2020]...
Disputes With An Executor Of A Deceased’s Estate
It is common for executors to be in dispute about how a deceased’s estate should be administered. A beneficiary of an estate may also feel as though the executor is...
Propounding A Will By Summary Judgment
We recently wrote about the case of Knipe v British Racing Drivers’ Motor Sport Charity & others, which considered how the Court would interpret purported ambiguous legacies. The decision in...
Claims Of Will Forgery Reversing The Burden Of Proof
Generally, the burden of proof when challenging the validity of a Will rests with the person challenging the Will. This means any person challenging a Will must prove on the...
Indemnity Costs Order Against Executors In Respect Of An Appeal
Ali v Taj and others The background to the case of Ali v Taj and others is that the deceased died in 2007 and a grant of probate was made...
Human Rights In The Court Of Protection
The Court of Protection has specialist jurisdiction when an individual has lost capacity (a protected party) to make certain decisions for themselves. Cases in the Court of Protection fall into...
Making An Application To Determine A Will’s Charitable Donations – Knipe v British Drivers’ Motor Sport Charity
It is not uncommon when making a Will to misspell to whom a legacy is to be left to, or to incorrectly list an organisation. This is most common when...
Removal Of Executor After Probate Has Been Granted
Many disputes over the administration of an estate can often be resolved by removing the executor, typically in favour of a professional executor, which we have covered in previous blogs....
The Case Of The Missing Original Will – The Importance Of Obtaining Specialist Legal Advice
On a few occasions, members of our Inheritance Disputes team have attended initial meetings with clients who have felt that their contentious probate claims were easy to pursue and accordingly...