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,...
Dispute Resolution
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...
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...
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...
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...
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...
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...
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...
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. ...
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...
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...
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...
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...
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...
In a recent court decision, a son who spent 35 years working on his father’s farm has lost his claim to challenge his late father’s will. The case of James v James (2018) concerned the estate of a farmer, Charles Allen James, (known as...
In a very recent case, the High Court refused to consider a widow’s claim for reasonable provision from her late husband’s estate which was made 10 years after the court deadline. In the case of Sargeant v Sargeant,...
In a recent case, the court declared thirteen wills made by an elderly widow between 2001 and 2014 to be invalid. The court upheld the original will that was executed by the widow back in 2000. In the case of Legg and Burton v Burton , June and Bernard...
A young widow who attempted to rely upon an alternative will in a bid to inherit her late husband’s estate has been branded a liar in a recent court decision. Marsha Henderson married Newton Davies in 2004. At the time, Ms Henderson was in her...