The High Court has recently ruled in another proprietary estoppel claim which arose within a farming family. The case of Guest v Guest (2019) was an inheritance dispute relating to a dairy farm in Monmouthshire known as Tump Farm which was owned by David...
With an ageing population comes an increase of debilitating conditions such as Alzheimer's disease and dementia as people’s bodies outlive their minds. This means that will disputes which centre around the testator’s mental capacity are on...
There are many reasons to make a will. Making a legally binding will means that you can determine what happens to your estate when you pass away. It can also minimise the risk of a contentious probate dispute such as a will dispute claim. A person making...
Section 1 of the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) allows certain family members (namely spouses, former spouses, children and people maintained by the deceased) to make a claim against a deceased...
Three sisters have succeeded in a claim to challenge their late mother’s latest will and they now stand to receive a share of the £3 million estate. Ho Chin and George Chin moved to the UK from Hong Kong in 1965 and settled in Essex. They built...
The recent judgement in the case of Ninian v Findlay [2019] reviews the circumstances in which assisting or encouraging a loved one’s death may deprive that person of any legacy they are due under the will of the deceased. The general rule of...
There was significant press coverage last week following the death of the German fashion tycoon Karl Lagerfeld. Lagerfeld was a famous fashion designer, artist and photographer who was well known for his work with Chanel, Fendi, Tommy Hilfiger and...
In a recent inheritance dispute , the Court ruled in favour of a ballet dancer who gave up her dancing career to care for her sick grandmother who had dementia. Lynsey Delaforte, who was a graduate of the Royal Academy of Dance, left her job and provided...
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...
