Contesting a Will Legal Articles

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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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Executor Jailed for Stealing Neighbour's Inheritance

09 Mar 2020

A fundamental part of any Will or Trust are the Executors and Trustees. Executors are responsible for the distribution and administration of the estate and it is a position of great trust and responsibility. Thankfully, Executors usually carry out their duties fairly and carefully, however there are…

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Sister and niece of childless widow win battle over £825,000 fortune

25 Feb 2020

A claim was recently brought to an end in which the sister and niece of Shirley Guymer (Deceased), alleged a Will executed two months before the Deceased passed away was invalid on one or more of the following grounds: · Lack of testamentary capacity · Want of knowledge and…

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Trust disputes - personal liability of trustees

17 Oct 2018

A trust, unlike a limited company, has no legal personality and the assets of the trust are vested in trustees. Trustees are the only persons capable of assuming rights and obligations in relation to the assets and administration of the trust. A person who is appointed as a trustee assumes the…

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The Pugachev Problem: when is a trust not a trust

01 Oct 2018

The High Court ruling in Mezhprom Bank v Pugachev [2017] EWHC 2426 held that Sergei Pugachev the Russian oligarch and founder of the Russian bank, Mezhprom, was a settlor, "protector" and discretionary beneficiary of five discretionary trusts worth approximately US$95m; and ultimately that…

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Tulbut v Davey 2018 EWHC 730 (Ch)- Bright ideas; poor execution.

01 Oct 2018

Summary Confusion, frustrations and family fallouts were the headlining events caused by the recent case of Tulbut v Davey involving a dispute over a homemade Will. This case further emphasises the importance of correct and accurate drafting of Wills and supporting documents. On 4 th…

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"No property in a corpse": body and funeral disputes on death

01 Oct 2018

Recent figures released by a provider of funeral plans in the UK suggest that a quarter of deaths lead to family disputes, and over 20% of these disputes relate to the disposal of a body. In line with these figures, it is my experience that funeral and burial disputes and disputes over the ownership of…

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