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Trust, estates & will disputes blog

Inheriting when bankrupt

9 Aug, 2018
Bankruptcy can be stressful and confusing. If you inherit assets around the time you are bankrupt, what happens depends on the date of death and date your bankruptcy ends (‘is...
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Trust, estates & will disputes blog

Appointment of new litigation friend

4 Jul, 2018
A ‘litigation friend’ is appointed to be a party to court proceedings when the person they are representing does not have the capacity to do so. The appointment of a litigation...
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Trust, estates & will disputes blog

Claiming part of an estranged spouse’s inheritance

7 May, 2018
If a couple separate but do not divorce, their finances continue to be linked until either a divorce or separation agreement (which divides finances in a binding agreement) is...
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Trust, estates & will disputes blog

What happens if a Will is not properly witnessed?

23 Apr, 2018
To be valid, a Will must meet certain standard criteria which are set out in section 9 of the Wills Act 1837. If these criteria are not satisfied then the Will may fail resulting...
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Trust, estates & will disputes blog

Can an adoptive child make a claim under the Inheritance Act?

9 Apr, 2018
In England and Wales the law allows certain relatives, dependants and those treated as children by the deceased to apply to the court if they are left out, or insufficiently...
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Trust, estates & will disputes blog

Can you claim an inheritance from your sibling?

19 Mar, 2018
Married couples and people with children will normally leave their money to their spouse or children after they die. If they are not properly provided for, a spouse or child is...
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Trust, estates & will disputes blog

Can you still claim benefits if you inherit money?

16 Feb, 2018
A common issue we are asked to advise on is the relevance of means tested benefits to a will dispute or an inheritance claim. People in receipt of such support are in vulnerable...
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Trust, estates & will disputes blog

Court refuses wife permission to claim part of husband’s estate

25 Jan, 2018
In July 2016, Mary Sargeant applied for permission to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against her husband’s estate. Mary had...
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Trust, estates & will disputes blog

Aggrieved mistress takes grieving widow to Court after her lovechild was excluded from rich businessman’s Will

22 Jan, 2018
A recent newspaper’s report on an emotionally charged case where Ms Proles, on behalf of her four year old daughter, is seeking a share of the estate of Mr Kohli. It is claimed...
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Trust, estates & will disputes blog

Disputed Will fails due to poisoned mind - fraudulent calumny

4 Jan, 2018
What happens if someone makes a Will relying on incorrect information – this may sound unfair, but does it make the Will invalid? Disputing a Will in this type of situation is...
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Trust, estates & will disputes blog

Can Grandchildren contest a Will?

8 Dec, 2017
When a grandparent passes away, there are two ways a grandchild may challenge their Will. If the grandchild thinks the Will is invalid, they can challenge it on this basis...
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Trust, estates & will disputes blog

Inheritance disputes increase in number

7 Nov, 2017
In August 2017, The Financial Times reported  that there had been a 36% surge in inheritance disputes being brought to the High Court in 2016.  158 claims were brought under the...
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Trust, estates & will disputes blog

Who can decide what to do with someone’s ashes?

26 Oct, 2017
Disputes often arise following someone’s death and resolving problems is increasingly complex as family structures become less formulaic. Concerns about where someone should be...
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Trust, estates & will disputes blog

Disputes with Executors – can you remove or replace a problem Executor?

20 Oct, 2017
We are commonly asked to advise beneficiaries on disputes with Executors and Administrators. One of the key issues where there has been a breakdown is whether they can be removed...
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Trust, estates & will disputes blog

Sons battle step-father over late mother's estate

10 Oct, 2017
While many may trust their chosen beneficiaries to provide for other family members, the emotional upheaval following death can lead to unexpected disagreements and conflict within...
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Trust, estates & will disputes blog

Forged Will 'found' in Doritos packet

4 Oct, 2017
It is challenging to successfully contest a Will based on fraud or forgery however, in some cases, the evidence is sufficient for a judge to declare a Will invalid on these...
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Trust, estates & will disputes blog

Downton Abbey-esque inheritance saga: reality is more complex still

11 Sep, 2017
  Most individuals are free to choose how to dispose of their estate, with a Will directing the distribution of their assets. Hereditary peerages (individuals whose title may...
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Trust, estates & will disputes blog

Son Jailed For Forging Own Mother's Will

9 Aug, 2017
Disproving a Will on the basis of fraud is difficult and consequently very rare. The burden of proof is high and the quality of expert testimony (e.g. handwriting experts) is...
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Trust, estates & will disputes blog

A Will revolution - danger ahead

13 Jul, 2017
Today has seen the announcement from the Law Commission that the current rules around making a Will should be overhauled.  It has suggested that the rules be significantly relaxed...
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Trust, estates & will disputes blog

I suspect someone was unduly influenced when they wrote their Will – what can I do?

19 May, 2017
You might be concerned that undue influence has been exerted on someone when they executed their Will. For example, a beneficiary may have been unexpectedly excluded or another...
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