In England & Wales we have “testamentary freedom”, which means that people can leave everything to whoever they want and cut out anyone, including close family members. Noone has a right to inherit on anyone’s death. There are many...
Will and Inheritance Disputes
I became involved in a recent High Court application concerning the correct approach for an executor to take when serving notice of power reserved. It is a relatively discrete and technical point, and one which the law has not really ever addressed (as...
A ‘no contest’ clause is a clause which is commonly found in Wills, also known as a ‘forfeiture’ clause. What does a no contest clause do? A no contest clause aims to discourage disputes over the estate. It typically reads...
James Dinsdale, an accountant, died in 2020 leaving behind an estate worth £1.8 million. James was survived by his legal wife, Dr Victoria Fowell, and his partner Margaret Dinsdale. James had married Victoria in Las Vegas in 2012. They later separated...
In order to be valid, a Will must be signed by the testator (the person making the Will) in the presence of two witnesses. But what happens when there are suspicions that the testator’s signature is not genuine? The recent case of Khatun v Hasan &...
Your spouse may have a Will in place which leaves some or all of their estate to you. However, over 50% of UK adults have no Will in place. If your spouse dies without having a valid Will, their estate will be governed by the intestacy rules. The intestacy...
Professionals do not like to admit it, but sometimes mistakes happen. This may be incorrect advice or drafting a Will or trust that does not quite make sense, fails to reflect the individual’s intentions, or even creates rather than reduces tax...
In order for a will to be valid, the testator (the person making the will) must have “testamentary capacity”. The test for testamentary capacity is set out in the case of Banks v Goodfellow . In order for their will to be valid, the testator...
A lifetime gift can be made for various reasons, whether to reduce inheritance tax liabilities, or simply so that the person making the gift (the donor) can see the benefit of their gift whilst they are still alive. In the UK, there are rules and...
Whenever we read about estoppel claims, it is common for farms to be involved. So, what is estoppel? The elements needed to be successful in arguing estoppel can be broken down into the following questions: was a clear, and unambiguous, promise made by X...
When a loved one unfortunately passes away, their family or close friends will be tasked with estate administration, collecting and valuing the deceased’s assets, and dividing these between the correct beneficiaries. Where the deceased person left a...
What is an executor? An executor is someone who is appointed in a will to carry out the administration of somebody’s estate after they have died. If there is no will, then the person who carries out this role is known as an administrator (and the...
It is a common misconception that people who live with their partner (known as cohabitees) enjoy the same rights as married couples. A recent survey conducted by Will Aid revealed that 32% of cohabitees mistakenly believed that their estate would...
Testamentary capacity is the ability of someone (a “testator”) to give instructions for, and then execute, a Will. The test for testamentary capacity is determined by the court, and follows principles laid down in case law. This is different from...
“Testamentary freedom” is a fundamental principle of English and Welsh Law. This means that the starting point is that a testator (someone making a will) can leave their estate to whoever they wish; they are not under any obligation to leave a...