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...
Re H (Deceased) [2020] EWHC 1134 (Fam) was a claim brought against the deceased’s estate by his daughter. She claimed a property, costs of therapy, monthly income and her costs despite being a self-sufficient adult. The court upheld this claim as,...
Barnaby v Johnson [2019] This recent will dispute case concerned the estate of Mrs Bascoe and her latest will which was made in 2005 (“the 2005 Will”). Mrs Bascoe left nominal legacies of £100 and £500 respectively to...
The recently decided case of Horsford v Horsford (2020) serves as a useful reminder of the requirements for a proprietary estoppel claim. Proprietary estoppel claims are becoming increasingly common in farming/agricultural circles. These cases can arise in...
In light of the coronavirus pandemic, many people will be wanting to update their will or be prompted to make a will for the first time. Some may be concerned about the cost of making a will at a time of financial uncertainty. There is also likely to be lots...
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 golden...
