In my blog “ can you challenge an unfair will? ” I explained that a will that seems unfair is not necessarily invalid. Here, I look at the case of Gowing v Ward, another recent case in which a will that might seem to some to...
A will is a private document, but it is common for people to discuss their will with family members, and to seek their opinions and their help. There is nothing wrong with family members giving their opinions about what a person’s will should say, and...
When a loved one dies, it is the responsibility of the executors to sort out their estate – their property, money, and other possessions. How are executors appointed? Executor(s) are generally appointed as part of the will. Often there...
Sometimes disputes can arise between family members about how a loved one should be laid to rest after they have passed away. Perhaps some family members think that the Deceased should be buried, whereas others think that they should be cremated, or perhaps...
When somebody dies without leaving a will they are said to have died ‘intestate’. Rule 22 of the Non-Contentious Probate Rules 1987 sets out an order of priority as to who will be entitled to obtain a grant of Letters of Administration, and to...
In order to make a valid will a person must have “testamentary capacity”. The test for testamentary capacity is explained in our earlier blog “ what is testamentary capacity? ”. With an aging population, and an increase in...
During the pandemic, as a way to allow Wills to be witnessed properly, despite the social distancing restrictions, the law was temporarily changed to allow witnessing to Wills to be completed via a video-link. This came into force in September 2020, and was...
With divorce and remarriage becoming increasingly common, families have started blending together, to become a meld of parents and their new spouses, and children living part time with each parent. It is therefore important to remember that it is never too...
The Law Commission published an update on its “Wills Project” a couple of weeks ago, building on its initial consultation piece back in 2017. The original consultation made a passing reference to predatory marriage. The supplementary paper has...
It is becoming increasingly common for people, usually disgruntled beneficiaries who are not inheriting as much as they had hoped, to challenge the validity of a Will. If you have been appointed as an Executor of an Estate where a Will is being challenged,...
On 5 October 2023, the Law Commission published an update on its wills project in the form of a supplementary consultation to its initial consultation (which was published as far back as 2017), this time with a particular focus on electronic wills. Given...
It is not unusual for people to have children from different relationships and ‘illegitimate’ children born outside of marriage. Whilst blended families are increasingly common and often have positive relationships, unfortunately, there can...
It is not uncommon for people to make wills in terms that may seem unfair, or even irrational. Family members can be left wondering whether the will actually represented the person’s wishes, or if anything can be done about it. In a recent case the...
The Administration of Estates Act 1925 (as amended by the Trustee Powers Act 2014) (Fixed Net Sum) Order 2023 came into force on 26 th July 2023, amending the statutory legacy under the Intestacy Rules (‘the Rules’) to which the surviving...
The Competition and Markets Authority (CMA) has launched an investigation into the UK’s unregulated market surrounding the provision of legal services, such as will-writing, online divorce, and pre-paid probate services. According to their...
A recent case involving a mother and daughter, Norma Gibbons and Dawn Gibbons, highlighted the fragility of relationships and the importance of getting good solid advice when making decisions that may well affect your future. The background Before...
What is laches? Laches operates as a defence to a claim, and it is often understood to mean ‘delay’. In fact, laches is more than simply delay. The recent case of James v Scudamore [2023] EWHC 996 (Ch) sets out four propositions that form...
In order for a will to be valid, a testator must have the requisite mental capacity. Capacity is one of the most commonly used grounds for challenging a will. The recent case of Baker v Hewston gives an insight into how judges approach this complex...
During a marriage or civil partnership, and while partners are not permanently separated, individuals can transfer assets between themselves without CGT arising. In essence, the other partner is treated as acquiring the assets (or interest in the asset) for...
If you already have a Will in place, this is something to be congratulated, especially with recent statistics suggesting that somewhere between 50% to 60% of adults in the UK do not have a Will at all. That being said, for those who have an existing Will,...
