Contesting a Will
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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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Legal Article

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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Legal Article

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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Legal Article

Funeral and Burial disputes: Who has the final say (with or without a Will)?

30 Mar 2021

Undoubtedly, a death in the family is an extremely difficult and challenging time. With emotions running high, focus quickly turns to ensuring funeral and/or burial arrangements for the deceased is done in the best possible way, in accordance with respecting the deceased's wishes and values. By…

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Legal Article

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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Legal Article

Pursuing 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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Legal Article

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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Legal Article

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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Legal Article

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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