‘Quickie’ divorces and will writing to be investigated – BBC News
‘Firms offering “quickie” divorces and will writing are to be investigated by the UK’s competition watchdog.’
BBC News, 18th July 2023
Source: www.bbc.co.uk
Category: wills
Thoroughly Modern Will Disputes – 5SAH
‘What is behind the recent increase in will & inheritance disputes? Niamh Wilkie & Stephanie Coker consider the complications caused by cohabitation & blended families.’
5SAH, 3rd July 2023
Source: www.5sah.co.uk
Court upholds Covid will witnessed through car window – Legal Futures
‘The High Court has praised the “ingenious arrangement” of witnessing a will through a car window in the early days of the pandemic.’
Legal Futures, 22nd May 2023
Source: www.legalfutures.co.uk
Firm ordered to pay wasted costs for “inexplicable” error – Legal Futures
‘A law firm which started proceedings when its client did not have standing to bring them has been ordered to pay wasted costs because it failed to check this.’
Legal Futures, 21st April 2023
Source: www.legalfutures.co.uk
When undue influence and mutual wills collide: Naidoo v Barton [2023] EWHC 500 (Ch) – Gatehouse Chambers
‘Naidoo v Barton [2023] EWHC 500 (Ch) clarifies an important, and hitherto unresolved, issue concerning the doctrine of mutual wills. The court determined that it is the Etridge test for undue influence, applicable to challenging life time transactions, that applies when considering whether or not a mutual wills agreement should be set aside and not the more stringent probate test that generally applies where a will is challenged on the grounds of undue influence.’
Gatehouse Chambers, 12th March 2023
Source: gatehouselaw.co.uk
Spousal applications for reasonable financial provision under section 1 (1) (a) of the Inheritance Act 1975: Law and procedure and the judgment of Mr Justice Peel in Kaur v Estate of Karnail Singh & Ors [2023] EWHC 304 (Fam) – Becket Chambers
‘It was, Mr Justice Peel concluded, “the clearest possible case” for reasonable financial provision from a deceased’s estate under section 1 (1) (a) of the Inheritance (Provision for Family and Dependants) Act 1975 (IA 1975).’
Becket Chambers, 15th March 2023
Source: becket-chambers.co.uk
Predatory Marriage – The Great Inheritance Scam? – Gatehouse Chambers
‘The term “predatory marriage” is not a legal concept, but rather a convenient descriptor for a marriage entered into in circumstances where one party to the marriage is vulnerable and has been induced to enter into the marriage by the other party who is acting solely for financial gain. The effects of a later life predatory marriage are pernicious and sad, and the current state of the law, particularly in the context of inheritance rights, is unsatisfactory.’
Gatehouse Chambers, 11th March 2023
Source: gatehouselaw.co.uk
Lawyer calls for change to female inheritance traditions – BBC News
‘A lawyer says she hopes for a change in attitude towards inheritance among British Asians after winning a case in which a widow secured half her late husband’s fortune.’
BBC News, 24th February 2023
Source: www.bbc.co.uk
Widow left out of husband’s will after 66-year marriage wins half of £1m estate – The Guardian
‘A widow whose husband of 66 years excluded her and their four daughters from his will, and left everything to their two sons, has won a high court case for a share of an estate worth more than £1m.’
The Guardian, 15th February 2023
Source: www.theguardian.com
Beneficiary allowed to challenge firm’s fees after fourfold rise – Law Society’s Gazette
‘The High Court has allowed a will beneficiary to challenge a costs bill which rose significantly from its original estimate.’
Law Society’s Gazette, 10th February 2023
Source: www.lawgazette.co.uk
Scammer jailed for trying to steal £2.1m left by friend to air ambulance charity – The Independent
‘A scammer who tried to steal more than £2 million left by an elderly friend to an air ambulance charity before she died of cancer has been jailed for five years and three months.’
The Independent, 2nd February 2023
Source: www.independent.co.uk
Now What? – The Contesting of Lisa Marie Presley’s Will (Lessons for English Law Testators) – Mills & Reeve
‘Priscilla Presley, mother of the recently deceased Lisa Marie Presley, has launched a legal challenge to contest the validity of her late daughter’s Will. The challenge relates to a 2016 Amendment to her daughter’s Will which has the effect of removing Priscilla from her role as trustee of her daughter’s estate, significantly reducing the say that she has over how her daughter’s estate will be managed.’
Mills & Reeve, 1st February 2023
Source: www.mills-reeve.com
Court rejects contempt bid over solicitor’s witness statement error – Legal Futures
‘The High Court has rejected an application to begin contempt proceedings against a solicitor over what it said was a simple error in a witness statement.’
Legal Futures, 23rd January 2023
Source: www.legalfutures.co.uk
Will disputes – Mills & Reeve
‘It’s becoming more and more common to see disputes over inheritance. In 2019, 188 cases of challenging Wills reached the High Court, a dramatic increase of 47% from cases in 2018. In fact, it is now estimated that 3 in 4 people are likely to encounter such a dispute within their lifetimes. It is more important than ever therefore to be aware of the grounds upon which a Will may be challenged.’
Mills & Reeve, 16th January 2023
Source: www.mills-reeve.com
Disputes with executors and how to resolve them – Family Law
‘As a solicitor dealing with will disputes, I know that beneficiaries can sometimes feel deeply frustrated by the behaviour of an executor (also called a “personal representative”) of a will. The emotional fallout from a bereavement sometimes leads to a toxic atmosphere and relationships can quickly sour. Very often this situation arises where executors and/or beneficiaries are not entirely sure of their rights and responsibilities.’
Family Law, 12th December 2022
Source: www.familylaw.co.uk
Case Comment: Guest v Guest [2022] UKSC 27 – UKSC Blog
‘In this post, Tobias Seger, an Associate at CMS, comments on the Supreme Court’s decision in Guest v Guest [2022] UKSC 27, handed down by the Supreme Court on 19 October 2022. This case concerns the proper approach to granting relief under the doctrine of proprietary estoppel.’
UKSC Blog, 12th December 2022
Source: ukscblog.com
Court green lights inheritance claim despite solicitor’s limitation error – Legal Futures
‘A woman whose solicitors’ error meant she was too late to challenge her mother’s will has been given permission to bring her action out of time.’
Legal futures, 2nd December 2022
Source: www.legalfutures.co.uk
Death and the Family Partnership – Parklane Plowden Chambers
‘The death of a member in a family partnership is an event which creates legal complexities as well as straining personal relationships. This article deals with common issues arising on the death of a member of a family partnership.’
Parklane Plowden Chambers, 19th October 2022
Source: www.parklaneplowden.co.uk
New Judgment: Guest and another v Guest [2022] UKSC 27 – UKSC Blog
‘This appeal concerns the proper basis for awarding remedies in cases of proprietary estoppel. Proprietary estoppel arises when a person gives a promise or assurance to another person that they have or will be given an interest in property and that other person reasonably relies on the promise or assurance to their detriment.’
UKSC Blog, 19th October 2022
Source: ukscblog.com
Proving Missing Wills: Cooper and Anor v Chapman and Anor – St John’s Buildings
‘In Re the estate of Cooper, deceased (probate); Cooper (a child, by her litigation friend) and another v Chapman and others [2022] EWHC 1000 (Ch), a draft will found on the Deceased’s computer after his death could be admitted to probate as his last will in circumstances where the executed will could not be located, and the fact that it could not be located did not mean that it should be presumed to have been revoked by the Deceased.’
St John's Buildings, May 2022
Source: stjohnsbuildings.com
