will

Adult Child's Successful Legal Claim Over Father's Estate A recent case took place at Central London County Court where a daughter was claiming a share of her father’s £1.4 million estate after she was cut from his Will. The judge found in favour of the claimant and put great weight on how the father’s conduct had affected his daughter, showing that poor treatment can provide a strong link with financial provision. Background Roger Howe, known for his work involving pirate radio, wrote a Will in 2017, leaving his £1.4 million estate to his mother, Rosina Howe, his sister, Tina [...]

Can a will be written on a box of mince pies?  This was the unusual questions which the Court had to deal with in respect of the Estate of Malcolm Chenery. Background Malcolm Chenery died by suicide in 2021, leaving his entire estate worth £180,000 to Diabetes UK. Mr Chenery had written his Will on the back of a Young’s frozen fish box and a Mr Kipling mince pies box. He asked his neighbours to witness the signing of the second page. This resulted in the issuing of court proceedings regarding the validity of the Will on the grounds [...]

Revoking a Will by destruction The law allows a person to revoke their will by destroying it.  This is set out in Section 20 of the Wills Act 1837. It can be destroyed “by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.” In a recent case the Court had to decide whether the will maker had directed a person to destroy a will on her behalf. Background Carry Keats died at the age of 92, leaving behind an [...]

When I meet with clients to look at their affairs, I am often asked about how to protect their assets and ensure their loved ones receive the maximum inheritance from them.  With changes to inheritance tax rules over the last Government, the picture from an Inheritance Tax (IHT) point of view has not been as bad as people have thought, as the tax rules and allowances available to most people have been changed for the better.  My conversation is then often about how to protect against care home fees and the things that we can do here to help. [...]

When you are appointed to be an executor, the person doing so is asking you to take care of their affairs once they have died.  This is a position of great responsibility. Sometimes it is a position you end up with because there is no Will and someone must take hold of things deal with the deceased persons belongings, cash and property. Whichever way you become an executor, you need to be aware of your obligations and duties. Primarily, your role is to act in the best interest of the beneficiaries (those people who inherit from the person who [...]

There are various ways in which you can challenge the validity of a Will. In most cases, the burden of proof is on the claimant to prove that the Will is invalid. The four main grounds upon which you can challenge a Will are as follows: Lack of Capacity – whether the testator had the mental capacity and was of “sound mind” when making the Will. Lack of Knowledge and Approval – did the testator understand what they were doing and did they “know and approve” of the contents of their Will. Undue Influence – was the testator being [...]

The long-running case of Rea v Rea 2023, about the estate of the late Anna Rea (the deceased), has now come to an end after a judgement has been handed down by the Court of Appeal. This case had begun in 2016 and had been presented in court four times before a final judgement was given by the Court of Appeal. The case focused on whether undue influence had been applied when the deceased had made her Will. Background Anna Rea had four children. This included her daughter, Rita, who was the claimant in this case, and her three [...]

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 [...]

In this blog, we'll dive into the concept of a mirror will, exploring what it is, how it differs from a regular will, and why you might consider having one. What Is a Mirror Will? A mirror will, also known as a "mutual will" or "reciprocal will," is a legal document created by two individuals, often a married or cohabitating couple. This type of will is distinct from a single will, which is typically created by an individual for the distribution of their assets after their passing. Instead, a mirror will involves two people, often a couple, making similar [...]