“My Wish To Stop Treatment”

The Court of Protection is a specialist Court with a mantra in supervising and reviewing financial decisions made for protected parties (people who lack capacity) by their deputies and attorneys,...


Trustee’s Legal Costs When Involved In A Trust Dispute

Whilst Trusts are often set up with a clear intention to its purpose, it is possible for a Trust to be challenged or become involved in a dispute. It is...


Court Of Appeal Rule That High Court Judge Was Wrong Make A Costs Order On Litigation Friend

Barker v Confiance Ltd and others [2020] EWCA Civ 1112 The background to this case is complicated and not particularly relevant to in the wider sense. The only pertinent point...


Deprivation Of Liberty Definition Broadened

People who lack mental capacity (protected parties) are often provided with assisted living facilities and various forms of supervised accommodation by local authorities. However the act of placing a protected...


Undue Influence In Will Dispute Claim – Coles v Reynolds & Another

In the recent case of Coles v Reynolds and another, the Court were asked to consider whether the Deceased had been unduly influenced when making her most recent Will. The...


What Can You Do If A Trustee Is Refusing To Exercise Their Discretion Under A Discretionary Trust?

Under a Discretionary Trust, the trustees can make certain decisions about how to use the Trust income and sometimes the capital. Depending upon what is said in the Trust deed,...


Ownership Of A Deceased’s Ashes

When a person dies, they will often leave behind many belongings in the form of property. This could include personal belongings, money, vehicles and possibly a house. The passing of...


Inheritance Dispute Case Highlights That The Test For Testamentary Capacity Is Not A Memory Test

Simon v Byford [2014] EWCA Civ 280, 17 ITELR 536 Background The Deceased’s late husband founded a manufacturing company and shares in the company were held equally by the children....


Intermeddling Executors

Once a contentious situation has arisen after the death of a loved one, the common reaction is that all parties become entrenched in their individual stances and a bitter long...


Charities In A Will Dispute

It is becoming increasingly common for testators to leave legacies to charities in their Will. This can be for many reasons, such as a personal connection or for Inheritance Tax...


Can I Make A Claim For A Beneficial Interest In A Property Where I Am Not Registered As The Legal Owner?

It is common for people to live together where one person may be the legal owner of the property although their intention is that the other person has a beneficial...


S.27 Of The Trustee Act – Removing Liability Of Personal Representatives When Distributing A Deceased’s Estate

A deceased’s liabilities are not always made clear to the personal representatives on their death and some digging will be required by the personal representatives to locate a deceased’s creditors....


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