Archived News from 2020

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Contesting a Will


Legal Article

Fraud and Forgery - Ball v Sisson


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)


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?


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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Legal Article

Will Disputes In The Covid Era


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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Forbes News

Forbes Solicitors Announces 35 Promotions


Leading law firm Forbes Solicitors has made 35 promotions as it continues to strengthen its commitment to people development and recognise outstanding client service. There have been seven promotions to Partner across a number of the firm's specialisms and offices throughout Lancashire and…

Legal Article

Successful challenge to a Will on the grounds of lack of testamentary capacity


Susan Bond from Essex has successfully challenged her mother's Will which left her entire estate to her son, John. The testatrix was Jean Clitheroe, who died in September 2017 leaving an estate worth £325,000. Mrs Clitheroe said that she disinherited Susan because she believed that she…

Legal Article

Lockdown, social isolation and undue influence


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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Legal Article

COVID-19 and the Justice System


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…

Forbes News

Covid-19 Update


At Forbes Solicitors, we are keen to reassure clients that we have robust business continuity measures in place to protect and maintain service levels so we can continue to support our clients. The health and welfare of our colleagues and clients is paramount. We will continue to monitor the most…

Legal Article

Inheritance Act claim allowed 25 years out of time


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…

Legal Article

Executor Jailed for Stealing Neighbour's Inheritance


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…

Forbes News

Forbes Solicitors Joins LawPact® As It Targets Further Growth


Leading law firm Forbes Solicitors has joined LawPact® - the international association of independent business law firms - as it expands its national and global reach. Having grown its team with 89 new appointments in 2019 and taken on the largest cohort of trainee solicitors to date, Forbes is…

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Legal Article

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


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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