News & Articles

Contesting a will made by text message

A MODERN WILL FOR A MODERN WORLD The Brisbane Supreme Court in Queensland Australia has ruled that an unsent text message is a valid Will. The circumstances of the case are that a draft text...

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Contesting a Will: Disputes over signing and executing a Will

For a Will to be validly signed and executed strict rules need to be followed. As specialist solicitor Chris Green points out, if these rules are not observed, Will disputes can arise.  Section 9...

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Is a beneficiary entitled to estate accounts?

Is a beneficiary entitled to estate accounts? Inheritance lawyer, Naomi Ireson, looks at the circumstances in which a beneficiary can demand to see estate accounts and what the consequences are for...

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Broken Promises: The doctrine of proprietary estoppel

What is the doctrine of proprietary estoppel? The doctrine of proprietary estoppel in simple terms refers to a situation where someone suffers detriment as a result of another person's broken...

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How to apply to become a ‘deputy’

A deputy is appointed when a person lacks mental capacity and is unable to make a decisions for themselves. The lack of capacity can arise as a result of illness or if someone suffers an accident. If...

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The role of Mediation when contesting a will

Alternative Dispute Resolution (often referred to as ADR by solicitors) is very much flavour of the month with courts and judges. Parties are encouraged to embrace ADR wherever possible, and this is...

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Court Gives Judgment In Will Construction Claim

John Dickinson, a barrister at St John's Chambers, recently acted for the defendant in the Will construction case of Amiee Shannon Steed (a Child by her Litigation Friend, Marilyn Joy Winn). The...

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What Happens if a Beneficiary Dies Before the Will Maker?

We are often asked what happens when a person leaves a gift to a beneficiary in a will, but the recipient of that gift dies before the person making the will. The usual principle that applies when a...

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The Inheritance and Trustees’ Powers Act 2014

Contentious Probate Solicitor, Chris Holten examines changes to the Intestacy Rules (which apply when someone dies without making a Will) that came into force in England and Wales on 1 October 2014....

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Court of Protection Costs

Contentious Probate Solicitor, Chris Holten, looks at the role of the Court of Protection. The Court of Protection was created under the Mental Capacity Act 2005.  It has jurisdiction over the...

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All change for wills and intestacy?

With a raft of changes to the law on wills and intestacy set to come into force this month, Naomi Ireson, a contentious probate lawyer, examines whether the reforms brought about by the Inheritance...

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Executor Disputes Escalate

Statistics released by the High Court confirm that the number of claims against executors has trebled in the past year. Contentious Probate Solicitor, Lee Dawkins, reports. Legal claims against...

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Changes to the Law of Intestacy and Family Provision … But Do They Go Far Enough?

The Inheritance and Trustees' Powers Act 2014 received Royal Assent on 14 May 2014 and has an anticipated commencement date of 1 October 2014. Inheritance Act lawyer, Naomi Ireson, considers the...

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Irrational Will Leaving Estate to Charity Declared Valid

Contested Wills Lawyer, Naomi Ireson, draws lessons from the decision in Vegetarian Society and Another v Scott [2013] EWHC 4097 (Ch) The case of Vegetarian Society and Another v Scott centred on the...

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Court Rules Gift in Will to the British National Party is Invalid

Our Disputed Wills Team Report on a 'Failed Gift' Contained in a Will A recent case has highlighted how complicated it can be to leave a legacy in a Will to a political party and the importance of...

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Court Confirms Will Signed in Error is Valid

The Supreme Court has adopted a pragmatic, ‘common-sense’ approach to an invalid Will dispute where a Solicitor made an obvious mistake when arranging for Wills to be signed by a married couple. The...

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Solicitor's Delay in Preparing a Will is Negligent Says Court

Lee Dawkins, a solicitor specialising in negligent Will claims, reports on the recent case of ‘FELTHAM –v- BOUSKELL’ in which a solicitor was found to be negligent for the delay in preparing a Will....

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Challenging Solicitors' Costs in probate and Estate Administration

Challenging Solicitors' Costs in probate and Estate Administration Contenttious Probate Solicitor, Lee Dawkins, examines the options open to executors and beneficiaries when they wish to challenge...

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How to remove an executor

Contentious Probate Solicitor, Lee Dawkins, takes a look at how to remove an executor We are regularly consulted by people involved in an Executorship dispute. More often than not, these disputes...

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Intestacy Rules: No spouse, no children, no parents, no Will

No Spouse, No Children, No Parents, No Will. So Who Does the Estate Pass to? - Our inheritance  dispute team look at the intestacy rules in operation. What happens when someone dies without a will ...

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Sign Here: A Will Must be Signed Correctly to be Valid

Signing a Will couldn’t be simpler - or could it? Our Will disoutes team take a look at the Wills Act and reveal the dangers that lie in wait for the unwary Do you know how to sign a Will? It might...

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Do I need to make a Will?

With the number of contested wills cases increasing, people often ask us if it’s really necessary to make a will. Lawyer Terese Kingman investigates. I specialise in drafting wills so I guess you...

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Will dispute solicitor on procedures to be followed to make a legally valid Will

Will dispute Solicitor, Lee Dawkins, looks at the legal requirements for a valid Will Wills need to be prepared in accordance with some very strict technical rules in order to be legally valid. Those...

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Will forgery case colapses

Allegations of Will forgery and fraud are becoming increasingly common. Our contesed will disputes team look at a recent will forgery case, R v. Avery and others, which collapsed when the prosecution...

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Co-habitee Inheritance Act Claims

What is the legal position of a co-habitee when their partner dies? It is a popular misconception that the phrase “common law husband” or “common law wife” has a legal basis, granting legal rights...

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Inheritance on Account: Children demanding 'their' inheritance upfront

According to a recent survey one in five British people have already received all or part of their inheritance.  Researchers say that millions of young adults, or NINNIs, (‘Need It Now, Not as...

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