There are a number of grounds for contesting a will in the UK. A recent court case gives a useful overview of some of the different challenges that can be made. Background to the contested will dispute The case of
How much does it cost to remove an executor?
We are often asked, ‘How much does it cost to remove an executor?’ Solicitor Lee Dawkins examines the complex but vitally important issue of legal costs in executor disputes. Disputes between beneficiaries and executors, or between fellow executors, often rank
Time limit for contesting a Will
We are often asked, ‘what is the time limit for contesting a will?’ Legal time limits are notoriously complicated. While general guidelines can be given the law is so complex and there are so many exceptions to the general rule
Can a murderer inherit from his victim?
In the USA they call the principle that a murderer cannot inherit from his victim the ‘slayer rule’. In England and Wales it’s enshrined in the Forfeiture Act. In most circumstances the rule makes perfect sense, but as so often
How to revoke a Will
In England and Wales the law enables you to revoke a Will in 3 ways: 1. Revoking a Will by marriage Marriage – or a civil partnership – automatically revokes a Will. The exception is where a testator makes a
What happens if a will cannot be found? The presumption of revocation
When a will goes missing, is it presumed destroyed? We look at the law that governs what happens if a will cannot be found. A recent case, Whitton v Herman (2016), has touched upon an area of law which rarely
Contesting a will made by text message
The text message will: 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 message was
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 of the Wills Act 1837 sets out
Does a beneficiary have a right to see estate accounts?
Inheritance lawyer, Naomi Ireson, looks at the circumstances in which a beneficiary has a right to see estate accounts? And what are the consequences for an executor who refuses to let a beneficiary see the accounts? Master Matthews, sitting in
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 promise. It gives the person who has lost out the chance