An executor (also known as a personal representative) is someone who has been appointed in a Will to deal with the administration of a person’s estate after they have died. An executor’s role involves collecting in the estate assets (e.g. closing...
Will and Inheritance Disputes
Gary Pammen, a television psychic who was well known as the “Cockney Bard” has lost a legal challenge to his late father's will and has been ordered to pay £216,000 in legal costs. The case is a stark reminder that suspicion alone...
In my recent blog " what happens if you’re promised a property but left out of a will " I looked at how proprietary estoppel can apply to the family home when promises are made and later broken. A recent claim brought by Harry Lambert...
Losing a loved one is always difficult. When you also have doubts about whether their Will truly reflects their wishes, the situation can feel even more distressing. If the person who died had dementia or was showing signs of cognitive decline in the months...
Losing a loved one is one of the hardest experiences a family can face. When there’s no Will in place, that pain can be compounded by uncertainty and, in many cases, disagreement among those left behind. Without a Will, strict legal rules determine...
The decision in McDaniel v Talbot (2026) offers a useful illustration of how adult child claims under the Inheritance (Provision for Family and Dependants) Act 1975 ( “the 1975 Act” ) can succeed, even where the claimant has long been excluded...
Discovering that a loved one’s Will doesn’t reflect what you expected, or what you believe they truly wanted, can be deeply unsettling. Whether you suspect the Will was made under pressure, that the person lacked the mental capacity to make it,...
The Inheritance (Provision for Family and Dependants) Act 1975 (the “Act”) allows certain people to bring claims against estates if reasonable financial provision has not been made for them. Who can claim under the Inheritance (Provision for...
The High Court recently examined a long-running family dispute (Teixeira v Moaven) over the true ownership of valuable London properties within a deceased’s estate and, crucially, whether last-minute “Declarations of Trust” could...
For many people, their home is their largest asset. It is not unusual for people to have discussions with their children or other family members or friends about who they want to inherit their property when they die. However, difficulties can arise when...
Losing a parent is one of life’s most painful experiences. When the contents of their Will come as a surprise, or feel deeply unfair, that grief can be compounded by confusion and financial worry. Perhaps you’ve been left out entirely, received...
Losing someone you love is one of the hardest things any family faces. When a dispute arises over their estate or Will, the added strain can feel immense. You might assume that resolving matters means a costly court battle, but that isn’t usually the...
Unlike some other types of claim, there is no set time limit for bringing a claim to challenge a will. However, this does not necessarily mean that claimants can take as long as they want to bring their challenge. Even if there is strong evidence to support...
Discovering that a loved one’s Will may have been altered under pressure is a deeply distressing experience. When the Will left behind doesn’t reflect what you understood their wishes to be, it’s natural to wonder whether they were truly...
As has been widely reported in the press, there is an ongoing legal dispute involving the fortune of motor racing legend, Sir Stirling Moss, who died in 2020. Most of his £27m fortune passed to his widow, Lady Susie Moss, who sadly died in 2023. The...
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...
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...
Being a trustee of any type of trust (and there are many!) is a serious responsibility. Whilst the word “discretion” might suggest freedom to make decisions, trustees are bound by a framework of legal duties, designed to protect beneficiaries and...
Passwords and passkeys go hand in hand with sensitive and confidential information - emails, bank accounts, digital assets, and data stored on the cloud. From having one password for everything (definitely not recommended!), to separate passwords for...
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...
Entering into litigation can be a scary prospect, whether it is because the outcome of the case is far from certain, or the size of the costs that will likely be incurred. A question often asked by claimants (the person bringing the claim) is “can I...
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...
On 29 November 2024, our MPs are due to debate and vote on the new Assisted Dying Bill. If passed, this bill will allow terminally ill adults to be given medical assistance to end their own life. There will be strict requirements to protect vulnerable...
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...
When court proceedings are threatened, it can often be scary and daunting for people. This may be because of the complicated legal nature of the dispute, or because of the rules that need to be followed. In England and Wales, civil litigation is governed by...
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...
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 the probate version...