Dispute Resolution

 

Can how my loved one died affect my inheritance?

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...

Karl Lagerfeld - The mystery of his inheritance continues

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...

What happens if an attorney under an LPA abuses their position?

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...

How will I know if a will is valid?

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...

No-win No-fee Success Fee Recovered in Recent Inheritance Act Case

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,...

Daughter loses will dispute claim after alleging forgery and undue influence

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...

Is a promise of an inheritance legally binding?

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...

Coronavirus Pandemic is likely to increase DIY Wills

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...

Will dispute claim over Lord Templeman's estate is rejected by the court

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...

Mediation in the current climate

Many people and businesses with commercial claims may consider these to be relatively low on their list of priorities at present. That is entirely understandable, but at the same time there are at least two factors which may be...

Can I lodge a caveat if I am disputing a Will?

A common enquiry that we receive from disappointed family members who want to contest a will is “how can I stop a grant of probate”? What is a Grant of Probate? When someone dies, if that person made a will; it is the responsibility...

Sister and niece win Will dispute battle over £800,000 estate

A bitter will dispute case which was dubbed by the judge hearing the case as a “fight to the death” has settled after 6 days in Court according to recent press reports. The dispute concerned the estate of Shirley Guymer who died in 2016 aged...

Daughter faces losing home following inheritance battle with RNLI

Sonya Young lost a will dispute case against the Royal National Lifeboat Institution (RNLI) in 2019 following her being disinherited from her father’s estate. Mrs Young now faces potentially losing her home following a recent court decision. The case...

Guidance on interim payments in inheritance disputes

A decision in a recent case, Weisz v Weisz & Ors  (2019) has provided guidance on claims under section 5 of the Inheritance (Provision for Family and Dependants) Act 1975 for interim maintenance from an estate dispute.  In particular, the case...

High Court allows widow's claim to proceed 26 years after probate

The High Court has allowed a widow’s inheritance dispute claim to proceed despite being brought 26 years after the time limit.  The Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) allows certain family members...

Is there a deadline for inheritance disputes?

The Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) allows certain persons (namely spouses, former spouses, children and people maintained by the deceased) to make a claim against a deceased person’s estate if the...

Can I dispute a will on the grounds of undue influence?

There are a number of grounds for challenging a will; one of these grounds is undue influence. Persuading someone to change their will is not unlawful and would not constitute undue influence (although it is morally questionable).  In the case of...

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...
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