Scammer jailed for trying to steal £2.1m left by friend to air ambulance charity – The Independent

Posted February 3rd, 2023 in charities, executors, forgery, fraud, imprisonment, news, sentencing, wills by michael

‘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.’

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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

Posted February 2nd, 2023 in amendments, news, trusts, wills, witnesses by sally

‘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.’

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Mills & Reeve, 1st February 2023

Source: www.mills-reeve.com

Court rejects contempt bid over solicitor’s witness statement error – Legal Futures

Posted January 23rd, 2023 in contempt of court, news, solicitors, wills, witnesses by tracey

‘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.’

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Legal Futures, 23rd January 2023

Source: www.legalfutures.co.uk

Will disputes – Mills & Reeve

Posted January 17th, 2023 in executors, news, powers of attorney, probate, wills by sally

‘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.’

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Mills & Reeve, 16th January 2023

Source: www.mills-reeve.com

Disputes with executors and how to resolve them – Family Law

Posted December 15th, 2022 in bereavement, dispute resolution, executors, news, wills by tracey

‘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.’

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Family Law, 12th December 2022

Source: www.familylaw.co.uk

Case Comment: Guest v Guest [2022] UKSC 27 – UKSC Blog

Posted December 14th, 2022 in appeals, estoppel, news, Supreme Court, wills by sally

‘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.’

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UKSC Blog, 12th December 2022

Source: ukscblog.com

Court green lights inheritance claim despite solicitor’s limitation error – Legal Futures

Posted December 2nd, 2022 in families, limitations, news, solicitors, time limits, wills by tracey

‘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.’

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Legal futures, 2nd December 2022

Source: www.legalfutures.co.uk

Death and the Family Partnership – Parklane Plowden Chambers

Posted October 20th, 2022 in chambers articles, news, partnerships, wills by sally

‘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.’

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Parklane Plowden Chambers, 19th October 2022

Source: www.parklaneplowden.co.uk

New Judgment: Guest and another v Guest [2022] UKSC 27 – UKSC Blog

Posted October 20th, 2022 in agriculture, estoppel, families, news, partnerships, Supreme Court, wills by sally

‘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.’

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UKSC Blog, 19th October 2022

Source: ukscblog.com

Proving Missing Wills: Cooper and Anor v Chapman and Anor – St John’s Buildings

Posted May 23rd, 2022 in chambers articles, news, probate, wills by sally

‘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.’

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St John's Buildings, May 2022

Source: stjohnsbuildings.com

Testamentary Capacity: Hughes v Pritchard in the Court of Appeal – St John’s Buildings

Posted April 8th, 2022 in appeals, chambers articles, evidence, expert witnesses, families, news, probate, wills by sally

‘In Hughes v Pritchard and others [2022] EWCA Civ 386, the Court of Appeal overturned the decision of the trial judge in a probate claim (see Hughes v Pritchard and others [2021] EWHC 1580 (Ch)) that a testator lacked testamentary capacity, concluding that the judge’s findings on that subject were “not open to him on the evidence”.’

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St John's Buildings, 4th April 2022

Source: stjohnsbuildings.com

Judge excoriates “reckless and quite possibly dishonest” solicitor – Legal Futures

Posted February 1st, 2022 in news, probate, solicitors, undue influence, wills by sally

‘The way a solicitor went about preparing a £100m will was “reckless and quite possibly dishonest”, the High Court ruled yesterday.’

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Legal Futures, 1st February 2022

Source: www.legalfutures.co.uk

Court of appeal to hear challenge over media ban from Prince Philip’s will court case – The Guardian

Posted January 24th, 2022 in appeals, media, news, reporting restrictions, royal family, wills by tracey

‘A legal challenge over a decision to ban media organisations from a court case about the Duke of Edinburgh’s will is to be heard by the court of appeal.’

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The Guardian, 24th January 2022

Source: www.theguardian.com

Video-witnessed wills extended until 2024 – Law Society’s Gazette

‘Legislation introduced during the pandemic allowing wills to be witnessed over Zoom and Skype will be extended until January 2024, the government announced today.’

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Law Society's Gazette, 11th January 2022

Source: www.lawgazette.co.uk

Does the law on predatory marriage need to change? – Family Law

Posted January 10th, 2022 in consent, elderly, fraud, intestacy, marriage, news, wills by tracey

‘In recent years there have been calls for a change in the law to protect vulnerable adults from falling victim to what has become known as “predatory marriage”. This is due to a rise in cases where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones, and are then able to access the new spouse’s lifetime savings and inherit their entire estate under the intestacy rules, as marriage automatically revokes any previous Will a person may have made.’

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Family Law, 7th January 2022

Source: www.familylaw.co.uk

Judicial decision-making: case studies from Biblical times and now: The Rt Hon. Lady Rose of Colmworth DBE – Supreme Court

Posted December 14th, 2021 in human rights, Judaism, judiciary, lectures, reporting restrictions, trusts, wills by tracey

‘Judicial decision-making: case studies from Biblical times and now – The Rt Hon Lady Rose of Colmworth DBE”

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Supreme Court, 1st December 2021

Source: www.supremecourt.uk

Prince Philip’s will: legal battle launched over media exclusion from hearing – The Guardian

Posted November 18th, 2021 in attorney general, media, news, private hearings, public interest, royal family, wills by tracey

‘Legal action against the attorney general and the Queen’s private lawyers has been initiated over a decision to ban media organisations from a court hearing about the Duke of Edinburgh’s will.’

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The Guardian, 18th November 2021

Source: www.theguardian.com

Does the law on predatory marriage need to change? – Family Law

Posted November 8th, 2021 in consent, families, forced marriages, fraud, intestacy, marriage, news, wills by tracey

‘In recent years there have been calls for a change in the law to protect vulnerable adults from falling victim to what has become known as “predatory marriage”. This is due to a rise in cases where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones, and are then able to access the new spouse’s lifetime savings and inherit their entire estate under the intestacy rules, as marriage automatically revokes any previous Will a person may have made.’

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Family Law, 5th November 2021

Source: www.familylaw.co.uk

When is an order under s48 AJA appropriate? That’s a matter of opinions – Wilberforce Chambers

Posted November 2nd, 2021 in interpretation, legal advice, news, trusts, wills by sally

‘S48(1) of the Administration of Justice Act 1985 empowers the High Court to authorise personal representatives or trustees to take action on the basis of counsel’s opinion where any question of construction has arisen out of the terms of a will or trust. The opinion must be given by counsel with a minimum of 10-years High Court qualification. If so authorised, the personal representative or trustee will be protected from liability for mismanagement of the estate or breach of trust.’

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Wilberforce Chambers, 21st October 2021

Source: www.wilberforce.co.uk

CFA costs payable as part of maintenance award, CoA rules – Law Society’s Gazette

Posted October 18th, 2021 in appeals, costs, debts, fees, news, trusts, wills by tracey

‘The Court of Appeal has ruled that a judge was correct to include some costs in a maintenance-based award, after the claimant had successfully secured part of her father’s estate.’

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Law Society's Gazette, 15th October 2021

Source: www.lawgazette.co.uk