Wills Disputes
How is testamentary capacity, otherwise known as the legal and mental capacity to make or alter a will, tested? While it appeared that the debate about the correct test for testamentary capacity was settled following the judgment in Clitheroe v Bond [2021]...
A will sets out the wishes of a person as to what happens to their estate after their death. It is, therefore, an extremely important document. It’s a sobering fact that many of us are worth much more dead than alive, particularly with increasing...
A statutory will is written on behalf of someone who lacks the capacity to write their own will and is approved by the Court of Protection. The statutory power lies within the Mental Capacity Act 2005 (MCA 2005). It states that ‘the Court of...
The law has a way of dealing with certain broken promises, the legal term for which is proprietary estoppel - see the full definition below. Typically, such claims are brought when a person has died and a promise has not been fulfilled. But in the case of...
As announced on 6 October 2022, the Court of Appeal has refused John Clitheroe permission to appeal the decisions of Mrs J Falk, made on 4 May 2021 and 28 July 2022, refusing all 4 grounds of appeal. Banks v Goodfellow remains the test for...
Alzheimer’s is a progressive disease, which sadly means there may come a time when people who have been diagnosed with Alzheimer’s are unable to manage their own personal affairs. In such circumstances, it is beneficial to have prepared a Lasting...
A trustee is an individual who acts as a caretaker for assets held within a trust. They are responsible for managing the finances of the trust in accordance with the instructions given when the trust was originally created. It is important that a...
In recent years the number of people contesting wills has increased dramatically. One reason is that it is common for families today to be structured in a less traditional way. Second marriages are more common than they were in previous generations and it is...
If you were financially dependent on someone who has died or are their spouse, former spouse, their child or were treated as a child of their marriage, you might have a claim under The Inheritance (Family and Dependants) Act 1975. What is The 1975...
If you lose capacity and you have not appointed an attorney under a Lasting Power of Attorney, someone can apply to the Court of Protection to be appointed as your deputy to manage your property and financial affairs. Multiple people can...
People can often be surprised about the distribution of loved one’s estate and can consider contesting the will. One of the grounds for contesting a will is on the basis that the person making the will lacked the capacity to do so. Capacity to make a...
Rachel Leech, a solicitor in the Court of Protection and Inheritance Disputes Team at law firm Birkett Long, has been appointed as trustee for the Helen Rollason Cancer charity. A charity dedicated to supporting people whose lives have been touched by...
An unusual case has been lodged at the High Court Chancery Division this week by the children of multi millionaire businessman, Manny Davidson. The children, Gerald, 54, and Maxine, 56, are attempting to change the structure of their trust fund and exclude...
At the start of 2015 The Law Society launched its ‘Use a Professional’ campaign. “Well, they would say that”, you might argue, but the growth of unregulated and DIY legal services means that more and more people are being...
It may come as a surprise that assurances made to someone that they shall be left property in a Will can be binding, even though you may change your mind. In the recent case of Bradbury v Taylor and Burkinshaw, elderly widower, Bill Bradbury, asked his...
Following the death of Bernard Matthews, the famous Norwich turkey farmer, in November 2010, a dispute arose in relation to his estate which serves as a reminder to those who own property abroad to ensure that their testamentary papers clearly set out what...
Succession planning is always an important consideration for any family. A recent court decision regarding inheritance planning, both on death and in relation to lifetime trusts, has put the cat among the pigeons; confirming that not only farming families,...
A will can be challenged on many grounds including want of (formal) execution, the testator’s capacity (or lack of) and undue influence, but one question we are often asked is: “what can be done when someone has been ‘cut out’ of an...
Disputes concerning wills are becoming increasingly common for a variety of reasons. The increase in property prices over the last ten years means that an average person’s estate is worth more than ever before. We live in more complex family structures...