05 Jan 2024
In a recent case Forbes Solicitors successfully acted for their client ("S") in obtaining an injunction to prevent the cremation of the client's late brother ("D"), whose last wish was to have a Muslim funeral and burial (given cremation is forbidden in Islam). On the day of…
Contesting a Will
14 Dec 2023
Inheritance is becoming increasingly important in maintaining living standards because earnings have been stagnant for more than a decade is the conclusion of a report by the Institute of Fiscal Studies. Inheritance is very important in helping many people pay off debts, buy a home and/or plan for their…
Contesting a Will
14 Dec 2023
Many people are disappointed with the level of provision made for them by their deceased spouse. One option that ought to be considered by the surviving spouse is a claim against the estate for financial provision made under the Inheritance (Provision for Family and Dependants) Act 1975. The…
Contesting a Will
04 Dec 2023
The England and Wales High Court have recently rejected a Will challenge based on alleged mutual Wills that they said had been made by their parents, instead allowing it on the alternative ground of proprietary estoppel. Winter v Winter [2023] EWHC 2393 Ch concerns a claim where two brothers sought…
Contesting a Will
28 Nov 2023
What is financial abuse? Financial abuse usually involves a vulnerable adult who has money or property stolen, is defrauded, put under pressure in relation to money or property, or has money or other property misused. Why is the issue of financial abuse important? The risk of financial…
Contesting a Will
03 Nov 2023
The High Court has recently found that an illiterate testator did not understand the effect of a Will he signed was to disinherit three children of his first marriage. Kenneth Grizzle left a Will gifting his full estate to his second wife. The children had always been told that he would like their…
Contesting a Will
29 Sep 2023
As of 22 August 2023, His Majesty's Revenue and Customs has increased the rate of interest it charges on tax that has been paid late, from 7.5% to 7.75%. The rise is linked to the increase in the Bank of England base rate. There have been questions raised about these charges, especially where…
Contesting a Will
29 Sep 2023
The recent case of Rea v Rea & others (2023) reminds us that although it is tough to challenge the validity of a will on the grounds of undue influence, it is by no means impossible. Anna Rea died in 2016 leaving four sons and one daughter. Anna Rea had a long-standing simple Will for 30 years…
Contesting a Will
11 Sep 2023
What is undue influence? It is possible to have a Will set aside on grounds that it was procured by means of undue influence. This is the idea that a testator has been influenced by coercion, in the sense that their Will must be overborne or by fraud. Whether this has happened is a question…
Contesting a Will
11 Sep 2023
We recently succeed at trial in a claim brought for reasonable financial provision by the surviving spouse of a marriage which had endured for nearly 20 years. The matrimonial home belonged to the deceased alone. Unfortunately, our client was almost entirely excluded from the deceased's Will…
Contesting a Will
