Contesting a Will Legal Articles

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Challenging the Decisions of Trustees

21 Oct 2021

Decisions made by trustees often become acrimonious and can even evolve into claims for breach of trust and for the removal of the trustees. Fixed Interest Trusts The trustees of a fixed interest trust do not have a discretion about who to benefit, how much or when. The beneficiaries have a…

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Personal Representatives Obtaining a Beddoe Order

01 Jun 2021

It has become increasingly common for personal representatives of an estate to find themselves in a position where they are required to bring or defend a claim against a third party. In these circumstances, it is possible for a personal representative to be reimbursed from estate for the costs they…

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The Rise in Claims against Estates

20 May 2021

When someone dies those left behind often have a strong desire to seek expert legal advice and support to decide whether to bring or to defend a claim against the estate. Disputes concerning the administration or the distribution of trust funds or a deceased persons estate are rising. Reasons include…

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National Apprenticeship Week

10 Feb 2021

National Apprenticeship Week began on 8 February. This year's theme is 'Build The Future.' With 20 years of experience in progressing employees through apprenticeships, Forbes Solicitors has helped build futures and this year has been no different and has been as successful, despite 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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