Legal Article
02/11/22
" One day son, this will all be yours " There has been an increase in recent years in disputes about the distribution of the estate of a deceased person following their death. Those disputes usually take the form of a claim to challenge the validity of a Will or a claim for financial…
Legal Article
11/10/22
Clitheroe v Bond The Appeal Court has agreed with the judgement at first instance and decided that the correct legal test for testamentary capacity is the Banks v Goodfellow test rather than that under the Mental Capacity Act 2005. The claim was initially brought by Susan Bond who sought to…
Legal Article
11/10/22
A Will is a legal document which records how an individual would like to dispose of their estate after they have died. Solicitors who prepare a Will owe a duty of confidentiality to their clients not to disclose its contents without their client's permission. Once a person has died, the easiest…
Legal Article
01/09/22
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 increasing. The…
Legal Article
09/08/22
Our Contentious Trusts and Probate team were instructed to consider the validity of their client's late mother's Last Will in relation to capacity and/or undue influence . The investigations came to no avail and the team were just about to close their file when the client said she had spoken…
Legal Article
31/03/22
The case of Hughes v Pritchard [2022] EWCA Civ 386, considered the important issue of the proper weight to be attached to a will drafter's evidence, and a medical practitioner's assessment of testamentary capacity. The case concerned Evan Hughes (the Deceased), who died in March 2017, aged…
