Dispute Resolution

 

Success for millionaire's daughters in will dispute claim

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...

Can I forfeit my inheritance?

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...

Can I leave my estate to my pet?

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...

Ballet dancer succeeds in inheritance claim against her grandmother's estate

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...

Estate dispute: Permission to appeal refused in recent farming case

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...

Will disputes: Can I challenge a will?

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...

Will dispute concerning prominent Law Lords' estate

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...

Revoking a will

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or in relation to inheritance disputes , our will dispute solicitors are often asked to consider whether a will has been revoked.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...

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...
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