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Imprecise drafting in a will is a recipe for litigation and dispute later on. A recent High Court decision on the interpretation of an ambiguous clause in a man's will illustrates the kinds of issues that can arise. The man had made a will in 2007 leaving...
The law affords people a high degree of testamentary freedom, and those seeking reasonable financial provision from an estate must satisfy the courts that it was unreasonable that adequate provision was not made for them. Recently, the High Court ruled that...
The High Court has ruled that a will made by an elderly woman with dementia, in which she disinherited one of her sons, was invalid due to lack of testamentary capacity and want of knowledge and approval. The woman's previous will, made in 2018, divided...
Figures from the High Court have shown that the number of disputed probate claims is continuing to rise. A total of 1,217 disputed probate cases were filed at the High Court in 2025, an increase of 12.7 per cent from the figure of 1,080 in 2024. There were...
A claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision from a deceased person's estate must be brought within six months of the grant of probate or letters of administration being issued, unless the...
Dependants who have not been adequately provided for in a deceased person's will may be able to make a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 . Recently, the High Court considered such a claim by...
A woman's family have succeeded in their challenge to a will purporting to leave her £500,000 estate to her partner after a judge ruled that the will was a forgery. The woman had made a will in 2022 leaving her estate in trust to her daughter. After...
Under Section 71(3) of the Solicitors Act 1974 , where a trustee, executor or administrator is liable to pay a solicitor's bill, any person with an interest in the property out of which it may be paid can apply to the court for an assessment of it. A High...
The High Court has ruled that a will made by a man who was suffering from delusions caused by late-onset schizophrenia was invalid for want of testamentary capacity. In late 2013, the man had become concerned that someone was trying to break into his home...
The law affords testators a high degree of freedom to pass on their estates to whomever they wish, and the fact that the terms of a will may seem unfair to relatives is not enough to successfully challenge it. This point was illustrated by a recent case in...
