My clients are often surprised when I explain to them the system we have in English Law, where anybody can enter a caveat online and stop an estate from being administered. The £3 fee that must be paid is hardly a deterrent! I act for both estates where someone is trying to obtain a Grant (the document that gives them legal authority to deal with the estate) and also for disappointed beneficiaries who may want to challenge the validity of a will. Purpose of a Caveat When a person lodges a caveat, it is usually to prevent the Grant from being [...]
Background French actor, Alain Delon, recently died on 18th August 2024 and had wished for his 10-year-old Belgian Malinois called Loubo to be put to sleep in his arms so that they both could be laid to rest together in his grave in the cemetery of his home in Douchy, Loiret. The late actor's wishes have since been rejected by his three children, following disapproval from animal rights activists. French animal rights organisation, SPA, expressed how an animal’s life should not depend on the lifespan of a human and that they would be happy to rehome the dog. It [...]
A loved one's passing is a difficult time for all involved. This can be made more difficult by chattel disputes. A chattel is defined as ‘an item of property other than freehold land.’ This includes items such as paintings, jewellery etc. Chattel disputes happen when two or more family members want the same item. This blog will look at how such disputes arise, how they can be resolved and how to avoid them in the first place. How can they arise? There are several reasons why a chattel dispute can occur. One can be due to the wording or [...]
Losing a loved one is a difficult time, and it can amplify tensions when it comes to matters of Wills and inheritance. In such circumstances, it becomes crucial to carefully weigh the decision of challenging the Will and consider the following factors: Has a grant of probate been granted yet? Has the administration of the estate already begun? Can a challenge be initiated within the specified legal time limits? If the Will is successfully challenged, would you receive benefits according to a previous Will? Are you eligible to pursue a challenge to the Will? Is the financial cost of [...]
The case of Smith V Ganning [2022], which has not yet been reported, highlights the significance of ensuring that wills are lawfully executed in accordance with the Wills Act 1837 ("the Act"). In this case, Alison Ganning passed away on the 5th of May 2016, leaving behind a homemade will that gifted her entire estate to her husband, Michael which was dated as 5th of April. However, her daughter, Laura, argued that the will had not been validly executed as her mother had only signed it in the presence of one witness. Laura, therefore, sought a determination that her [...]
In your Will, you can leave your estate to whoever you want to. However certain categories of people can claim “reasonable provision” from your estate if you have left them nothing. A reasonable provision claim is brought under the Inheritance (Provision for Family and Dependants) Act 1975. A recent case heard in the Family Division of the High Court in London is described as the clearest possible case for an Inheritance Act Claim by a surviving spouse. Harbans Kaur was married to her husband Karnail Singh for 66 years and when he died in 2021, she discovered that her [...]
The ex-wife of Elvis Presley, Priscilla is currently challenging the validity of an amendment that was made to her daughter, Lisa Marie’s Will in 2016. Lisa Marie, the only child of Elvis and Priscilla died on 12 January 2023 aged 54. The amendment to Lisa Marie’s Will removes Priscilla as an estate trustee and replaces her with Lisa Marie’s eldest daughter Riley. This means Priscilla would no longer oversee the distribution of her daughter’s assets. Priscilla’s lawyers claim that the amendment is invalid as the signature by Lisa Marie “appears inconsistent with her usual signature” and the document also [...]
In my 25-year-plus legal career, I have often come across disputes regarding the validity of signatures on documents. The importance of expert handwriting cannot be underestimated in those cases. But people may be surprised to learn that this is not usually the clear-cut answer to the dispute. A handwriting expert can normally only give an opinion on whether the signature is likely to be genuine. Unlikely to be genuine, or may be genuine. The more samples of a true signature they have the more confident they can be in their opinion. Fraudulent Wills Fraudulent wills are fairly unique because [...]
Ipswich: 01473 229200 | Colchester: 01206 766333 | Woodbridge: 01394 334500 | London: 0207 722 9898
