Challenging suspicious wills – Radcliffe Chambers

Posted February 11th, 2020 in chambers articles, fraud, news, undue influence, wills by sally

‘In this paper, Charles Holbech explores in detail the different grounds of invalidity on which a claimant might rely when challenging a suspicious will, including undue influence, fraudulent calumny, want of knowledge and approval, testamentary incapacity and lack of due execution.’

Full Story

Radcliffe Chambers, 5th February 2020

Source: radcliffechambers.com

Civil partnerships for heterosexual couples: what you need to know – Family Law

‘As of 31st December 2019, it is now possible for both same-sex and heterosexual couples to enter into a civil partnership. The institution was initially devised solely for same-sex couples through the Civil Partnership Act 2004; it was meant to be a distinct separate relationship status for same-sex couples akin, but different to, a marriage. This has now changed and moving into 2020, heterosexual couples may opt for a civil partnership instead of a marriage.’

Full Story

Family Law, 5th February 2020

Source: www.familylaw.co.uk

Naturalist who wanted to rewild family farm loses 15-year legal battle with his brother, as judge rules he cannot prevent sale – Daily Telegraph

‘A naturalist who wanted to rewild the family farm has lost a 15-year legal battle with his brother after a judge ruled he cannot prevent the sale.’

Full Story

Daily Telegraph, 23rd January 2020

Source: www.telegraph.co.uk

Some oddities of the law on age: So you thought you reached age 21 on your 21st birthday? – Wilberforce Chambers

Posted January 9th, 2020 in news, pensions, statutory interpretation, time limits, wills by sally

‘Well, yes you probably did as a legal matter reach (or attain) age 21 at the start of your 21st birthday – ie at midnight at the start of that day (even if you had been born later in the day). But legally this has not always been the case in England and Wales.’

Full Story

Wilberforce Chambers, 7th January 2020

Source: www.wilberforce.co.uk

‘Unwanted’ son wins £125k slice of father’s fortune at High Court, after judge rules he was misled over parent’s favouritism – Daily Telegraph

Posted December 13th, 2019 in families, financial dispute resolution, news, wills by sally

‘A pensioner who was cut out of his father’s £2.4m will because he was an “unwanted war baby” has won his fight for a slice of the family fortune.’

Full Story

Daily Telegraph, 12th December 2019

Source: www.telegraph.co.uk

Section 4 Inheritance (Provision for Family and Dependants) Act 1975: Standstill Agreements – Becket Chambers

Posted December 10th, 2019 in news, stay of proceedings, time limits, trusts, wills by sally

‘Earlier this year the conflicting authorities of Bhusate v Patel [2019] EWHC 470 (Ch) and Cowan v Foreman and others [2019] EWHC 349 (Fam) cast doubt on the use of standstill agreements in respect of claims intended to be brought under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”). Following the determination of the appeal in the latter case that uncertainty has to a large extent been resolved.’

Full Story

Becket Chambers, 4th December 2019

Source: becket-chambers.co.uk

Fraudulent Calumny: Poison in the Ear – Family Law

Posted December 10th, 2019 in misrepresentation, news, undue influence, wills by sally

‘Fraudulent calumny is a mouthful. It is therefore all the more surprising when I hear it come out of the mouths of lay clients when I first speak to them. Three years ago “fraudulent calumny” was at the back of practitioners’ minds; I certainly would not have heard it from clients. We may have been talking about similar facts but those discussions would always have been about undue influence and pressure on the testator (usually, to the caller’s detriment). Recently, however, something has changed, and we have seen a real growth in discussions around fraud in the creation of wills.’

Full Story

Family Law, 10th December 2019

Source: www.familylaw.co.uk

Mediating Contested Wills Claims – Patrick Taylor – 4-5 Gray’s Inn Square

Posted November 26th, 2019 in dispute resolution, news, wills by sally

‘I am regularly appointed to mediate disputes about the validity of a will. Almost by definition they involve claims by family members against other family members.’

Full Story

4-5 Gray's Inn Square, 7th November 2019

Source: www.4-5.co.uk

‘Power of attorney more important than will’, says widow – BBC News

Posted November 18th, 2019 in bereavement, documents, news, powers of attorney, wills by sally

‘The wife of a man who died in an electric skateboard crash has spoken of the importance of a legal document that let him “die with dignity”.’

Full Story

BBC News, Novembet 2019

Source: www.bbc.co.uk

Maids Moreton: Ben Field jailed for author’s murder – BBC News

Posted October 18th, 2019 in murder, news, poisoning, sentencing, wills by tracey

‘A churchwarden who murdered an author to inherit his estate has been jailed for a minimum of 36 years.’

Full Story

BBC News, 18th October 2019

Source: www.bbc.co.uk

Godparent v guardian – Family Law

Posted October 8th, 2019 in children, guardianship, news, wills by tracey

‘Many parents assume that if they have appointed a godparent for their child, that the godparent will be able to step in to take care of the children if they were to die, but this is not the case.’

Full Story

Family Law, 7th October 2019

Source: www.familylaw.co.uk

Battle between stepsisters in ‘who died first’ dispute comes to an end – Family Law

Posted September 9th, 2019 in bereavement, families, financial dispute resolution, intestacy, news, wills by tracey

‘The “Commorientes Rule” is (meaning “simultaneous deaths”) found in Section 184 of the Law of Property Act 1925. This rule states that if two or more people die in circumstances where it is not possible to determine who died first, the younger is deemed to survive the elder.’

Full Story

Family Law, 6th September 2019

Source: www.familylaw.co.uk

Out of time Inheritance Act claim – use of standstill agreements and hope for late claims? – No. 5 Chambers

Posted August 29th, 2019 in appeals, news, time limits, trusts, wills by sally

‘In a decision handed down on 30th July 2019, the Court of Appeal have overturned a controversial first instance decision. Mostyn J had refused permission to bring a claim under s4 Inheritance (Provision for Family and Dependants) Act 1975. The substance of the claim under the Act related to whether a beneficial interest under a discretionary trust, rather than outright provision, failed to make reasonable provision for a spouse. The first instance decision created a stir because, among other findings, Mostyn J made obiter comments that it was not appropriate for parties to enter into ‘stand still agreements’ as an attempt to extend the 6-month time limit for bringing claims under the Act whilst negotiations were underway.’

Full Story

No. 5 Chambers, 7th August 2019

Source: www.no5.com

Court of Appeal highlights value of early neutral evaluation – Litigation Futures

‘Requiring parties to submit to early neutral evaluation (ENE) against their will is “not an obstruction to or constraint on” their access to the court, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 21st August 2019

Source: www.litigationfutures.com

Court upholds ‘older died first’ principle in inheritance dispute – Law Society’s Gazette

Posted August 15th, 2019 in bereavement, expert witnesses, families, housing, news, wills by tracey

‘An inheritance dispute between two stepsisters hingeing on which of their parents died first has been resolved by the High Court, which ruled that the younger parent legally outlived the older.’

Full Story

Law Society's Gazette, 14th August 2019

Source: www.lawgazette.co.uk

A churchwarden who manipulated his elderly neighbours found guilty of murder – Crown Prosecution Service

Posted August 12th, 2019 in burglary, fraud, guilty pleas, murder, news, wills by tracey

‘A church warden who manipulated two elderly neighbours in order to benefit from their wills, has today been convicted of murder.’

Full Story

Crown Prosecution Service, 9th August 2019

Source: www.cps.gov.uk

Appeal allows stand-still agreement on claim 17 months out of time – Law Society’s Gazette

‘The Court of Appeal has overturned a decision to throw out a widow’s delayed application to claim from her late husband’s estate.’

Full Story

Law Society's Gazette, 1st August 2019

Source: www.lawgazette.co.uk

Stepsisters in High Court inheritance battle over which parent died first – Daily Telegraph

Posted June 26th, 2019 in bereavement, families, housing, news, wills by sally

‘The High Court has been asked to intervene in a £300,000 inheritance row between step siblings over which parent died first.’

Full Story

Daily Telegraph, 25th June 2019

Source: www.telegraph.co.uk

Brother beaten to death over Hemel Hempstead house will – BBC News

Posted June 7th, 2019 in families, murder, news, sentencing, wills by tracey

‘A man who admitted beating his older brother to death in a row over inheritance has been jailed for life.’

Full Story

BBC News, 6th June 2019

Source: www.bbc.co.uk

Inheritance battle “screams out” for judge-led ADR, says court – Litigation Futures

Posted June 3rd, 2019 in civil procedure rules, dispute resolution, executors, news, wills by sally

‘A battle between a widow and stepson over a large estate “cries, indeed screams out” for the kind of “robust, judge-led” processes used to settle family law disputes, a High Court judge has said.’

Full Story

Litigation Futures, 31st May 2019

Source: www.litigationfutures.com