Contesting a Will Legal Articles

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Pursing an Inheritance Act Claim after the time limit - Thakare v Bhusate

20 Jan 2021

In 2020, the High Court handed down a judgement in the appeal case of Thakare v Bhusate [2020] EWHC 52 (Ch). The case involved an out of time claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act). The case is significant as the…

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Fraud and Forgery - Ball v Sisson

04 Dec 2020

Claims of fraudulent and forged Wills are continuing to increase and the recent case of Ball v Sisson [2020] 1 WLUK 544 saw a claimant successfully argue that his late mother's Will had been forged by his sister in order to gain a share of her mother's estate. Mrs Ball was aged 92 when she…

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Undue Influence - Perwaz v Perwaz 2018 UKUT 325 (TCC)

17 Nov 2020

In the case of Perwaz v Perwaz [2018] UKUT 325 (TCC), the Upper Tribunal (Tax and Chancery Chamber) examined the issue of undue influence when a mother alleged her son had abused their relationship of trust and confidence and coerced her into transferring her property to him. The case involved &…

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Contesting a Will... Do you have a good case?

23 Oct 2020

Will disputes are becoming increasingly common due to changes in social norms, family structures, increase in elderly population, a rise in dementia and Alzheimer's sufferers and the increasing value of estates. Kirsty McNulty is an Associate at Forbes Solicitors specialising in Contentious Trusts…

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Will Disputes In The Covid Era

29 Sep 2020

Although our doors may have been locked over the past few months, the tidal wave of Will disputes has not abated. If anything Will disputes are becoming more common. The courts have physically closed their doors for the majority of, if not all, hearings but the wheels of justice continue to turn with…

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Lockdown, social isolation and undue influence

01 Jun 2020

For a Will to be valid, there are various conditions that must be met. These conditions include the Will being correctly executed by being signed and witnessed, but there are other factors to consider. The testator must have testamentary capacity at the time of execution and have knowledge and…

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COVID-19 and the Justice System

19 Mar 2020

The present circumstances On 18 March 2020, the Lord Chancellor affirmed that "the rule of law is vital to a functioning democracy and even at times like these, it is essential that our independent courts are able to administer justice." Whilst many public places have either been…

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Inheritance Act claim allowed 25 years out of time

10 Mar 2020

When bringing a claim against an Estate for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, the claim needs to be issued within 6 months of the date of the Grant of Probate, as detailed in Section 4 of the Act. If a claim is to be brought out of this…

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