Dispute Resolution

 

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...

Inheritance disputes: What is the time limit to make a claim against an estate?

Section 1 of the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) allows certain family members (namely spouses, former spouses, children and people maintained by the deceased) to make a claim against a deceased...

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...
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