Dispute Resolution

 

Will dispute claim over Lord Templeman's estate is rejected by the court

Last January we published a blog about Goss-Custard v Templeman, an ironic will dispute case concerning the estate of Lord Templeman who was an eminent Judge and law lord who died in 2014.   Lord Templeman was well known for formulating “the...

Mediation in the current climate

Many people and businesses with commercial claims may consider these to be relatively low on their list of priorities at present. That is entirely understandable, but at the same time there are at least two factors which may be...

Can I lodge a caveat if I am disputing a Will?

A common enquiry that we receive from disappointed family members who want to contest a will is “how can I stop a grant of probate”? What is a Grant of Probate? When someone dies, if that person made a will; it is the responsibility of...

Sister and niece win Will dispute battle over £800,000 estate

A bitter will dispute case which was dubbed by the judge hearing the case as a “fight to the death” has settled after 6 days in Court according to recent press reports. The dispute concerned the estate of Shirley Guymer who died in 2016 aged...

Daughter faces losing home following inheritance battle with RNLI

Sonya Young lost a will dispute case against the Royal National Lifeboat Institution (RNLI) in 2019 following her being disinherited from her father’s estate. Mrs Young now faces potentially losing her home following a recent court decision. The case...

Guidance on interim payments in inheritance disputes

A decision in a recent case, Weisz v Weisz & Ors  (2019) has provided guidance on claims under section 5 of the Inheritance (Provision for Family and Dependants) Act 1975 for interim maintenance from an estate dispute.  In particular, the case...

High Court allows widow's claim to proceed 26 years after probate

The High Court has allowed a widow’s inheritance dispute claim to proceed despite being brought 26 years after the time limit.  The Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) allows certain family members...

Is there a deadline for inheritance disputes?

The Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) allows certain persons (namely spouses, former spouses, children and people maintained by the deceased) to make a claim against a deceased person’s estate if the...

Can I dispute a will on the grounds of undue influence?

There are a number of grounds for challenging a will; one of these grounds is undue influence. Persuading someone to change their will is not unlawful and would not constitute undue influence (although it is morally questionable).  In the case of...

How do I remove a caveat?

The issue of caveats arises frequently in will dispute cases. A caveat is a formal notice which is lodged at the probate registry which stops a grant of probate or a grant of letters of administration being obtained in an estate. Many clients are...

Does dementia make a will invalid?

In today’s ageing population, will disputes on the grounds of lack of mental capacity are common. The High Court of Justice in Birmingham has recently ruled in a £1million will dispute case concerning the estate of a matron who suffered...

Court upholds "older died first" principle in inheritance dispute

The High Court handed down its judgment in the case of Scarle v Scarle earlier this week. The case concerned Mr and Mrs Scarle, an elderly couple from Essex who were both found dead in their home on 11 October 2016. There was no conclusive evidence to...

DIY Wills Lead to Increase in Inheritance Disputes

Recent statistics have shown that the number of inheritance dispute that were heard in the High Court has increased significantly from 227 in 2018 to 368 in 2019. Our contentious probate solicitors say that this sharp increase is partly due to the increased...

Cab driver loses will dispute

A cab driver from East Sussex has lost his will dispute case after a will which was made in his favour in a Wetherspoons Pub was overturned. Dean Hughes, a cab driver from East Sussex, was named as the sole beneficiary of Gary Mendez’ estate. Mendez...

Stepsisters at War in Inheritance Dispute

Stepsisters at War in Inheritance Dispute The stepdaughters of an elderly couple found dead together at home are battling each other in Court over who receives the couple’s £280,000 bungalow in Essex. John and Ann Scarle were both found dead...

Cleaner wins 4 year battle to overturn will

A cleaner has succeeded in a will dispute claim after a bitter four year legal battle. The case concerned the estate of ex- Savoy Hotel waiter Harold Tickner who died in 2015. Mr Tickner made a will in 2014 leaving the majority of his estate to his cleaner,...

Inheritance claim rejected for being out of time

The recent decision in the case of Cowan v Foreman [2019] provides a stark reminder of the need to bring claims under the Inheritance (Provision for Families and Dependants) Act 1975 (“the Act”) on time. In this decision, the High Court rejected...

Parents forced to sell farm in proprietary estoppel claim issued by son

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...

How do I know if my relative had the mental capacity to make a valid will?

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...

How do I ensure that my will is valid?

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...
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