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...
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...
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...
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...
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...
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...
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 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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
