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Our inheritance disputes team team regularly write about related legal topics and welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch on 0161 696 6178.
Some people believe that a debt dies with the person however this is incorrect. Once a person dies, any debts owed by that person, or owed to that person, remain and are now payable to/by their estate. For example, a common and simple example is when a...
There is no formal time limit within which a person may bring a claim to challenge the validity of a Will. Whilst there is technically no limitation on bringing such a claim, there are a number of reasons why it would be preferable to pursue the claim...
The Inheritance (Provision for Family and Dependants) Act 1975 gives the court the power to amend the way an estate is distributed, whether it is due to be distributed pursuant to the terms of a Will or the rules of intestacy . The act allows certain...
Earlier this year, a lawyer from China, who had married a British man and moved to the UK to live with him, lost her battle in court to defend the validity of his last Will and testament which set to make her the sole beneficiary of his estate. The Will was...
When dealing with the administration of an estate, there can be a variety of words, phrases and terminologies that you likely won’t have come across before. One of these is the term “intermeddling”. Intermeddling is something carried out...
When appointing an executor, the testator (person who makes a Will) is choosing that person to action the contents of their Will and their role comes with a variety of duties that must be adhered to. An executor is required to action the terms of the...
When considering a Will, it is important to first check whether it has been executed properly as if it has not been properly executed then the Will is invalid and the terms therein have no effect. Valid execution of a Will includes the following: The...
When a someone drafts their Will, they frequently appoint people close to them to be an executor. This is often done as the testator (person making the Will) trusts this person to action the terms of their Will, administer their estate and carry out...
Under the terms of the Inheritance (Provision for Family and Dependents) Act 1975 (the Act), certain categories of people are able to bring claims against a person’s estate following their death. Such claims can be distressing and upsetting for...
The Inheritance (Provision for Family and Dependents) Act 1975 ('the Act') provides an opportunity for a small category of individuals to bring a claim against the estate of someone who has died. Who can bring a claim under the Act? The...
This week we are considering another case where the courts considered the mental capacity of a testator. We have also considered the case of Banks v Goodfellow where the court provided us with the golden rule. We will now be considering the case of...
When an individual is making important life decisions, it is vital to ensure that they are in the right frame of mind to do so, and hold the appropriate mental capacity at the time. It is also important to ensure that they fully understand their position...
We have looked at the cases of Banks v Goodfellow and Hawes v Burgess when considering mental capacity and lacking knowledge and approval as a ground for challenging the validity of a Will. Another key case is Tociapski v Tociapski where two...
On 12 th January Lisa Marie Presley, daughter of Elvis Presley, and his ex-wife Priscilla Presley, sadly died at the young age of 54. She died in hospital following a sudden cardiac arrest. Following Lisa Marie’s death, her mother Priscilla has...
Since 2018, the number of law firms offering services in contentious probate has doubled and it is predicted that it will grow further still. With so many firms now providing this service, how do you decide which is the right law firm for you? As...
When someone dies without a Will, their estate is distributed in line with the rules of intestacy. But what does this mean? The rules of intestacy provide a succession of people who will inherit from the estate. The following is a brief summary of how the...
More people than ever before are now challenging Wills and making claims against estates, meaning that it has become more important than ever to ensure everything that you have implemented is still fit for purpose. Or if you haven’t put anything in...
The death of a loved one can be a difficult time. Family members are often left to arrange funerals and to ensure that the deceased’s affairs are put in order. It is important to family members to fulfil the deceased’s wishes. On occasion,...
Contentious probate is a term that is being used more frequently than ever before. As an area of law, it is growing significantly and has started to become an integral part of many law firms. But what does contentious probate actually mean? The meaning...
First things first…Larke v Nugus is a court case where a beneficiary of a Will fell into dispute with the executor of the estate, as a result of the executor’s refusal to provide them with a copy of the Will. An executor will always be...
When someone dies, leaving a Will, there are often different categories of people who would like to see a copy of the testator’s Will. But it isn’t always as simple as asking for a copy, as less people than you would expect are actually...
Being appointed an executor under a Will is an important role but it can also be thankless task at times. Executors are subject to several duties, with the most important being to act in the best interest of the estate and it’s beneficiaries. An...
Following on from our last article - How to know if a Will has been executed properly – considering lack of due execution - we are now looking at some case law examples. Looking at past case law helps us consider real life cases and how the...
A claim against an estate will always involve the executor of the estate. If the deceased left a Will, then the Will should state who has been appointed as the executor(s). If the deceased died without a Will, also known as dying intestate, then there will...
When a loved one dies, it is a difficult time for everyone. So when issues arise in relation to the Will and inheritance, tensions can run high. It is therefore very important to consider whether challenging a Will is the right decision for you. Before...
The death of a loved one can be a difficult time. Family members are often left to arrange funerals and to ensure that the deceased’s affairs are put in order. It is important to family members to fulfil the deceased’s wishes. On occasion,...
