There is a wide range of circumstances, both contentious and non-contentious, as to why the Courts might need to intervene in terms of removing a Personal Representative (e.g. an Executor,...
How To Challenge A Homemade Will
The first step when challenging a Will is generally to make a Larke v Nugus request, which is essentially a fact finding exercise to establish the details surrounding the drafting...
Jurisdiction In Defamation Cases
Wright v Ver [2020] EWCA Civ 672 Case background The claim was brought by Mr Wright (Claimant), an Australian national who had lived in the UK for four years, against...
The Importance In The Detail Behind Drafting A Will
The recent decision in Re Jean Mary Clitheroe (Deceased) Clitheroe v Bond highlights the importance in the detail behind drafting a Will. Jean Mary Clitheroe (Deceased) Clitheroe v Bond Case...
A Battle Between Two Aspiring Deputies
When an individual has lost capacity and their affairs need to be looked after, an Attorney (appointed by deed) will usually take the mantle. Where nobody has been appointed to...
Forfeiture, A Hammer & A Home…
We have discussed in previous blogs, the rules in the UK on forfeiture under the Forfeiture Act 1982. In summary, that statute prevents a person that has killed another from...
Mackay v Wesley – A Clear Flaw With Trustee Law Which Unfairly Leaves A Trustee With A £1.6 Million Liability!
The recent case of Mackay v Wesley [2020] EWHC 1215 (Ch) decided that a Trustee remains liable for a £1.6 million capital gains bill which arose as a result of...
The Right To Die At Home
A family has successfully obtained an order from the Court of Protection for their elderly mother, who was terminally ill, to be moved back home to live out her remaining...
Advance Directives & Third Party Mandates – The Alternatives To Lasting Powers Of Attorney (LPA)
Since the start of the coronavirus lockdown, there has been an increase in the number of people wanting to make and amend Wills. Additionally, we have also seen an increase...
Forfeiture Rules Dismissed For Wife Who Accidentally Killed Her Husband
The recent case of Amos v Mancini & Ors [2020] EWHC 1063 (Ch) considered the established forfeiture rules whereby an elderly woman accidentally killed her husband. Case background Mr and Mrs Amos...
Wake Up & Smell The Coffee!!!
McCallum-Toppin & Anor v McCallum-Toppin & Ors AMT is a coffee company that started life from a single stall outside a shopping centre in London and ballooned over time into...
“Gifting” & Why It Is So Strictly Monitored
Gifting is an issue that crops up very often in the Court of Protection and for good reason. Although there are many rational bases for giving gifts to relatives and...