Mr William Tibbles, a former car dealer, passed away at the age of 75 in February 2018. Mr Tibbles had five children, comprising of his four daughters Terri and Kelly (who were twins), Susan and Cindy, and a son, Paul. The first will, drafted by solicitors...
With cases on the rise, today’s blog explores the issue of dementia in relation to making a will. One million people in the UK are expected to have dementia by 2025, increasing to two million by 2050, according to recent research produced by...
COVID-19 and insurance: can you recover your lockdown losses from your insurer? On 15 January 2021, the Supreme Court handed down a high profile judgment which is likely to result in a significant number of insurance pay outs for small businesses. The...
The decision of who to leave your estate to after you die is arguably the most personal aspect of writing a will. Sometimes, perhaps because of relationship breakdown, you may wish to exclude immediate family from inheriting under your will. Alternatively,...
The recent case of Knipe v British Racing Drivers’ Motor Sport Charity and others [2020] EWHC 3295 (Ch) concerned the will of former British racing driver, Barrie Russell Williams. Mr Williams, a respected figure on the British racing circuit and...
As a starting point, a testator has testamentary freedom to choose who they want their Estate to go to, under English law. It demonstrates the testator’s wishes. An exception to this is where a will is found to be invalid. This can happen for many...
What is a probate caveat? A caveat is a formal notice that is filed with the Probate Registry. It is used to prevent a grant of probate being obtained and can often indicate the start of a will dispute claim. This means that the estate cannot be...
Inheritance disputes often stem from Wills being challenged for multiple reasons. For example, a testator might have been unduly influenced into making a Will in the way they have, or the testator lacked the necessary mental capacity to make it. The case...
Under the rules of intestacy, which apply where someone dies without making a Will, a married partner will automatically receive the residuary estate of their spouse on death. Unmarried couples do not have this same level of legal protection, and parents,...
A person making a will must fulfil the test for testamentary capacity, in that they must: 1. Understand the nature of making a will and its effects; 2. Understand and appreciate the claims to which they ought to give effect; 3. Understand the extent of...
Property owned by two or more persons can be owned as either joint tenants, or tenants in common. Joint tenants own 100 per cent of the property together, whereas tenants in common each own a specific share in the property (often 50/50). The right of...
The recent case of Re the Estate of Peter Henry Wales [2020] EWHC 1979 (Ch) involved a claim brought by the executors of a will. A key provision of the will left the deceased’s residuary estate to “all of my nephew’s and niece’s...
Coles v Reynolds & Anor [2020] EWHC 2151 (Ch) was a claim brought by the first daughter (the Claimant) of the deceased against the second daughter (the Defendant). The Claimant claimed that the deceased had been unduly influenced to create a will which...
In June, we discussed the risk of the work arounds some solicitors were trying to use when having wills signed. After petitioning to government, the Law Society has convinced the government to allow remote witnessing over a video link for the time...
In 2016, Mrs Wilcox died. She had made a will in 2014 which was written by her son Edward and witnessed by his friend and his friend’s wife. In that will, she left her property to her son. Mrs Wilcox’s other children, Lesley and Dennis, argued...
A farm was owned by 3 siblings, Dean, Dale and Venetia. They had inherited it after their grandfather passed away and they owned it in equal shares. In 2007, Dean died. Dean was thought to have died without making a will and therefore all his assets...
Last year we discussed how assisting or encouraging a loved one’s death may mean that you forfeit your inheritance from your loved one’s estate. The general rule of forfeiture provides that a beneficiary cannot take under a will if they...
Early last year, we wrote about the estate of Karl Lagerfeld, the German fashion tycoon who died in February 2019 and how it was widely believed that Lagerfeld had left his fortune to his cat, Choupette . Lagerfeld had been reported as repeatedly saying...
At George Green, we not only represent clients with inheritance disputes and will disputes , but we are often instructed by families in respect of disputes regarding lasting powers of attorney documents (“LPA’s”) and enduring powers of...
For a will to be valid, it needs to have been executed properly. This means the will must be signed in a very particular way. The will must be signed by the person making the will in the presence of two witnesses. Importantly, the witness must not be...
