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The Court of Appeal has recently rejected a businessman’s final legal claim to inherit his parents’ farm in Wales. The case of McDonald v Rose 2019 was a probate dispute concerning the estates of the married couple Marlene McDonald and...
There are often misunderstandings as to the grounds for challenging a will . Some people have a certain expectation that they will inherit from close family members. Others believe that being the “next of kin” of the deceased gives then an...
The recent case of Goss-Custard v Templeman [2018] goes to show that will disputes can happen in even the most legally-minded of families. Sydney William Baron Templeman or Lord Templeman was an eminent judge and prominent law lord, ironically famous for...
As well as providing advice regarding disputing a will or in relation to inheritance disputes , our will dispute solicitors are often asked to consider whether a will has been revoked. If a will is revoked, this effectively means that it has been...
Our will dispute solicitors deal with a wide variety of disputes. Will dispute cases may involve a challenge to the validity of a will, for example due to lack of testamentary capacity or undue influence. On some occasions, our team deal with will...
This is a common query according to our contentious probate lawyers and is something that should be considered carefully before challenging a will or contesting a will . There is a commonly held misconception that the costs of a will challenge are...
The Court of Appeal has recently handed down Judgment in a proprietary estoppel case concerning a farming family. The case of Moore v Moore [2018] concerned a claim made by Stephen Moore (who was a farmer) against his father Roger Moore. Stephen had grown...
A recent study undertaken by the mutual insurance company Royal London revealed that 54% of the UK adult population does not have a valid will. The study also revealed that 59% of parents either don’t have a will or have an out of date will. This is...
The issue of caveats comes up frequently in contentious probate disputes. A caveat is a formal notice which is lodged at the probate registry which prevents a grant of probate or a grant of letters of administration being obtained in an estate. It can...
A 65 year old man has been awarded a life interest in the proceeds of sale of his late partner’s home in a recent inheritance dispute case. In the recent case of Banfield v Campbell (2018), Andrew Banfield made a claim for reasonable financial...
When advising clients in will dispute cases, one of the common questions that we get asked is “do I have the right to see my family member’s will?” When dealing with the administration of an estate when a will has been made,...
In a recent will dispute case, the Court of Appeal upheld a will even though the witnesses to the will had failed to sign it. Section 9a of the Wills Act 1837 (which was amended by the Administration of Justice Act 1982) provides that in order for a will...
In 2017, the Office of National Statistics reported that cohabiting couple families were one of the fastest growing family type with 3.3 million cohabiting couples being recorded in that year. Many cohabitees wrongly assume that the fact that they live...
DIY Wills have increased in popularity over the last few years. Our specialist will dispute solicitors have, at the same time, noticed a significant increase in cases that involve contesting a will . Our solicitors say that the increased level of...
Claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, must be issued at Court within 6 months from the grant of probate or letters of administration. The court does have authority to grant an...
In a recent will dispute case, the High Court in London rejected a four-pronged attack on the validity of a will. The case of Nutt v Nutt [2018] EWHC 851 (Ch) involved the estate of Lily Rose Nutt who died on 25 th February 2013, aged 88. Lily Nutt was...
In the recent case of Thompson v Ragget (2018), the High Court has ruled in favour of an elderly woman who was excluded from her late partner’s £1.5 million estate. Joan Thompson was the longstanding partner of the late Wynford Hodge who died on...
Claims for proprietary estoppel or relating to constructive trusts often arise in the context of inheritance disputes or will disputes . In the case of Culliford and another v Thorpe [2018] EWHC 426 (Ch) the claimant started a claim on both...
There is often confusion concerning the circumstances in which a will can be challenged. Many people believe that a will can be challenged simply because they perceive it to be unfair or because they feel a sense of injustice in being excluded from a will. ...
A mistress of a wealthy businessman has issued a claim against his £2.5 million estate on the ground that he failed to make provision for their love child in his will. A bitter inheritance dispute is now underway over the division...
