Dispute Resolution

 

What happens when a contingent gift made in a will fails?

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...

Who pays the costs of challenging a 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...

Moore v Moore 2018: Court makes decision in long- standing farming dispute

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...

Avoiding will disputes: recent study reveals that more than half of the adult population don't have a valid will

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 The study also revealed that 59% of parents either don’t have a will or have an out of date will.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...

Will disputes: what is a Caveat?

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...

Inheritance disputes: Cohabitant awarded life interest instead of capital award

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...

Who is entitled to see a copy of a will?

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,...

Challenging a will and the requirement for a witness to sign a will

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...

Cohabiting couples: Does a surviving cohabitee have an automatic right to receive their partner's house?

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...

Will Disputes - DIY Wills

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...

Contentious probate disputes: How long do I have to bring a claim?

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...

Will dispute case: Nutt v Nutt

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...

Inheritance dispute: Court awards cohabitant portion of partner's £1.5 million estate

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...

Estate disputes: Man awarded property share after agreement to pool assets

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...

When can a will be challenged?

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. ...

Inheritance Dispute: Wife and mistress go to war over millionaire's estate

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...

Will disputes: The forgery of a will

In a recent case, the court dismissed a son’s claim to prove a will and instead ordered that the will that he relied upon was a forgery. Prabhavati Patel (“the Deceased”) died on 29 September 2011. One of the Deceased’s sons, Girish...

Success for farmer's daughter in proprietary estoppel case

The High Court has ordered that the daughter of a Yeovil farmer will receive a significant cash payment in lieu of her promised share of the family farm. Woodrow Farm in Yeovil was owned by Frank Habberfield and his wife Jane Habberfield. They...

Daughter ordered to take DNA test to prove her entitlement to an estate

In a recent inheritance dispute , the High Court ordered a woman to submit saliva samples for DNA testing to prove that she was entitled to receive a share of her late father’s estate. The dispute concerned the estate of Colin Wilson Birtles, a...

Rise in inheritance disputes

In August 2017, The Financial Times reported that there had been a 36% rise in inheritance disputes being brought to the High Court in 2016.  158 claims were brought under the Inheritance (Provision for Family and Dependents) Act (1975), up from 116...
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