Legal Article
14/12/23
Inheritance is becoming increasingly important in maintaining living standards because earnings have been stagnant for more than a decade is the conclusion of a report by the Institute of Fiscal Studies. Inheritance is very important in helping many people pay off debts, buy a home and/or plan for their…
Legal Article
14/12/23
Many people are disappointed with the level of provision made for them by their deceased spouse. One option that ought to be considered by the surviving spouse is a claim against the estate for financial provision made under the Inheritance (Provision for Family and Dependants) Act 1975. The…
Legal Article
04/12/23
The England and Wales High Court have recently rejected a Will challenge based on alleged mutual Wills that they said had been made by their parents, instead allowing it on the alternative ground of proprietary estoppel. Winter v Winter [2023] EWHC 2393 Ch concerns a claim where two brothers sought…
Legal Article
28/11/23
What is financial abuse? Financial abuse usually involves a vulnerable adult who has money or property stolen, is defrauded, put under pressure in relation to money or property, or has money or other property misused. Why is the issue of financial abuse important? The risk of financial…
Legal Article
03/11/23
The High Court has recently found that an illiterate testator did not understand the effect of a Will he signed was to disinherit three children of his first marriage. Kenneth Grizzle left a Will gifting his full estate to his second wife. The children had always been told that he would like their…
Legal Article
29/09/23
As of 22 August 2023, His Majesty's Revenue and Customs has increased the rate of interest it charges on tax that has been paid late, from 7.5% to 7.75%. The rise is linked to the increase in the Bank of England base rate. There have been questions raised about these charges, especially where…
Legal Article
29/09/23
The recent case of Rea v Rea & others (2023) reminds us that although it is tough to challenge the validity of a will on the grounds of undue influence, it is by no means impossible. Anna Rea died in 2016 leaving four sons and one daughter. Anna Rea had a long-standing simple Will for 30 years…
Legal Article
11/09/23
What is undue influence? It is possible to have a Will set aside on grounds that it was procured by means of undue influence. This is the idea that a testator has been influenced by coercion, in the sense that their Will must be overborne or by fraud. Whether this has happened is a question…
Legal Article
11/09/23
We recently succeed at trial in a claim brought for reasonable financial provision by the surviving spouse of a marriage which had endured for nearly 20 years. The matrimonial home belonged to the deceased alone. Unfortunately, our client was almost entirely excluded from the deceased's Will…
Legal Article
24/07/23
The truth is that there is no way to extinguish the risk that an argument about your estate will arise after your death. However, there are some sensible steps that can be taken to minimise as far as possible the risk of a dispute arising. Discussing Wills and probate with loved ones Managing…
Legal Article
14/07/23
Baker v Hewston [2023] EWHC 1145 (Ch) The recent case of Baker v Hewston [2023] EWHC 1145 (Ch) has sparked extensive dialogue regarding the relationship between the test for testamentary capacity as set out in Banks v Goodfellow and the provisions contained within the Mental Capacity Act 2005 (…
Legal Article
03/07/23
A former spouse cannot continue with the pursuit of financial relief following a divorce if their former spouse dies before the financial proceedings are concluded The Supreme Court of the UK has decided that it is not possible for a divorced party to a marriage to continue with their claim for…
Legal Article
16/06/23
It is not unusual for individuals to make promises to their loved ones about their estate. " My father promised me I would be looked after when he had gone but he's left me out of his Will " is a common phrase, we hear on a regular basis. Often if those promises do not…
Legal Article
03/05/23
Forbes Solicitors has announced 11 new promotions across a range of its specialisms including employment, insurance, contentious trusts & probate, commercial property, crime, housing & regeneration, and commercial litigation. The promotions, which are effective from 1 May, will create two…
Legal Article
24/04/23
Eustace Fitzgerald Watts died in 2008, leaving a Will dated 8 February 2000. The Will appointed Eustace's wife, Jobyna Watts, as his executrix and the sole beneficiary of his estate. The Will was duly executed and witnessed by a solicitor and a legal secretary at a local law firm. One of…
Legal Article
14/02/23
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 the estate for the costs they…
Legal Article
16/01/23
A mirror Will is an identical document to the one prepared by your partner. If you make a mirror Will with your partner that leaves everything to them first and then to your children, you almost certainly do so on the assumption that your wishes will be honoured. The objective is to ensure that your…
