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High Court Focuses on Essentials to Resolve Family Trust Dispute

Even the most careful drafting cannot always succeed in dispelling ambiguity or in making provision for all future eventualities. As a High Court case concerning a family trust showed, however, the courts are always there to act as a neutral umpire in...

Mistaken Belief Overturns Estate Split Agreement

When the male partner of a cohabiting couple died, apparently without leaving a will, after they had lived together for more than 40 years, his estate was administered according to the laws of intestacy, with the result that no provision was made for his...

Reasonable Provision May Not Mean What You Think

When a person is excluded from the will of someone on whom they were 'dependent', the Inheritance (Provision for Family and Dependants) Act 1975 provides that the dependent person can apply for 'reasonable financial provision' to be made for their...

Placing Trust in a Family Member Proves Unwise (Again)

Even the most apparently trustworthy people can sometimes turn out to be anything but and that is one good reason why it is sensible to appoint a solicitor as executor of your will. In one case that proved the point, an ex-police officer took advantage of...

Casting Aspersions to Change Inheritance Proves Unsuccessful

Wills made or varied just before death are a frequent source of dispute and court appearances, and it was just such an occurrence that led to a High Court hearing recently . The case concerned the estate of a woman who died in 2014, two days after making a...

Informal Wills on the Way?

We have written on numerous occasions of the danger of either failing to leave a will or of not taking professional advice when making your will. Among the difficulties that can arise with DIY wills are challenges by family members who have been excluded...

Business Tycoon's Wife Well Served by Lawyers Who Drafted Her Will

A solicitor's primary duty when drafting a will is to follow faithfully their client's instructions after giving accurate and level-headed advice. In a professional negligence case triggered by the early death of a business tycoon's wife, the High Court...

Take Care When Appointing a Non-Lawyer as Your Executor

When you appoint a solicitor to be the executor of your will, you can be assured that they will understand their duties and can be relied upon to comply with them. However, as a High Court case showed, the same sadly cannot always be said of friends or...

Failure to Use Solicitor for Will Leads to Challenge

Charities are generally thought of as being mild and benevolent organisations and in many ways they are, but some can also be very aggressive when they are expecting to receive money from an estate and their hopes are dashed. The extent to which some will...

Ignoring Advice Not Path to Success

There really is little point in instructing lawyers to represent you if you do not then listen to their advice. In one case which illustrates this , two women dispensed with the services of not just one but two legal teams, after they were advised to...
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