Disputing Deputyship Applications

When a loved one has lost capacity, but has not executed a Lasting Power of Attorney, nobody has the power to manage that person’s finances or make decisions concerning their...


Time Limits In Inheritance Act Claims – Sargeant v Sargeant & Anor

A recent case in the High Court has highlighted the importance for potential beneficiaries to act quickly should they wish to challenge the contents of a party’s Will under the...


Disputed Probate Claims: Who Will Pay My Costs? – James v James & Others

When advising on disputed probate claims, our Inheritance Disputes team have frequently heard people talking about costs coming “from the estate” at the end of the case. The reality is...


Trusts Are Marvel-lous…

Comic book and movie fans around the world have this week mourned the unfortunate loss of Stan Lee. Stan amassed significant wealth with his comic books and movies, including Spider-Man,...


Constructive Trust – Bhusate v Patel And Others

The High Court has recently provided clarification in respect of a common intention Constructive Trust should an individual die without a Will. A Constructive Trust occurs where it would be...


Promises, Promises…

If you are in the position that a clear promise was made to you during your lifetime in respect of either property or assets, the case of Habberfield v Habberfield [2018]...


Don’t Dismay, The Estate Will Pay? – Brennan v Prior & Ors

It is a commonly held misconception that adverse costs arising out of a probate dispute will fall to the Estate. Whereas this is true in some circumstances, the costs position...


Life Interest Or Lump It? – Banfield v Campbell [2018]

The Inheritance (Provision for Family and Dependants) Act 1975 provides certain categories of applicant a right to bring a claim against an estate for reasonable financial provision where the applicant...


Ubbi & Anori v Ubbi – Expect The Unexpected! The Importance Of Keeping An Up To Date Will

In the case of Ubbi & Anori v Ubbi, the High Court has awarded a lump sum of £386,000 to infant minors who made a claim through their mother, as...


The Pitfalls Of Homemade Wills & Letters Of Wishes: Taulbut v Davey

Making a homemade Will, as opposed to instructing solicitors, can save people time and money but it can, in some cases, lead to significant difficulties. Many solicitors advise clients against...


The Battle Of Wills – Payne v Payne (2018)

A last Will and testament is one of the most important documents that an individual will complete during their lifetime. It dictates where all of a person’s worldly possessions will...


Challenges From Beneficiaries & Conflicts – The Risks For Executors

Taking on the role of an estate executor can present challenges and sometimes the stance taken by beneficiaries can exacerbate this. This can happen in a number of ways. The...