Archived Legal Articles from 2018

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Contesting a Will

October

Trust disputes - personal liability of trustees

17/10/18

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…

The Pugachev Problem: when is a trust not a trust

01/10/18

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…

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

01/10/18

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…

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

01/10/18

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…

James v James 2018 EWHC 43 (Ch)

01/10/18

Case Summary The claimant had in this claim challenged the validity of the Will of his deceased father on the ground of lack of testamentary capacity, and brought a claim for proprietary estoppel. This summary will focus on the issue of capacity and the preparation of the Will. The estate…

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April

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

10/04/18

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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January

Contesting a Will - An Overview

12/01/18

With an ageing population, a dramatic increase in house prices and more complex family structures, will disputes are becoming increasingly common. Ben Wilson, an Associate at Forbes Solicitors specialising in Contentious Trusts and Probate, gives an overview of the various ways to contest a will or make…

Inheritance Act Claims - 2017 Case Round Up

08/01/18

2017 has been a busy and formative year for claims under the Inheritance (Provision for Family and Dependants) Act 1975 (the " Act "), so here's a round up and summary of some of the key cases of 2017: Ilott v The Blue Cross and others [2017] UKSC 17 (commonly referred to as…

Larke v Nugus - tips from the dark side

04/01/18

For most Wills and Probate Solicitors and Will Writers, a Larke v Nugus request is relatively rare. But what is a Larke v Nugus request, what are your obligations and how do you respond. Ben Wilson, an Associate Solicitor at Forbes Solicitors, who specialises in Contentious Wills, Trusts and Probate…

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