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Inheritance and Will Disputes

Grounds for contesting a Will: Understanding the terms of the Will

Laura Pracy
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For a Will to be valid, the person making the will (the Testator) must have ‘knowledge and approval’ of the contents of the Will. This requires that the Testator has understood what was in the Will when it was signed and also understood what...

Can you make Inheritance Act claims if the time limit has passed?

Laura Pracy
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Inheritance Act claims ; can you claim if the time limit has passed? The short answer is yes; at the Courts discretion. The six month limitation on Inheritance Act claims has been subject of debate in many cases. Recently in the case of Mrs Shantabi...

What can a beneficiary do if there is a delay in the executor/administrator administering the estate?

Christopher Burke
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The recent case of Gaskin v Chorus Law Ltd & Anor provides guidance for beneficiaries. This is a common problem experienced by beneficiaries Eileen Gaskin died, intestate , in 2012 and a year later her daughter Marquita Murphy instructed Chorus Law to...

Undocumented Inheritance Promises Receive Greater Recognition in the Courts

Laura Pracy
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Can verbal promises be expected in Law in an inheritance situation? The answer is: sometimes The recent case of Thompson v Thompson (2018) highlighted the increasing frequency with which families end up in court over undocumented promises. These...

Can a Will be disputed? A recent decision from the courts

Laura Pracy
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The Courts are generally reluctant to overturn a Will and the threshold to disputing the validity of a Will is particularly high. When a Will is made the most common reasons for contesting a Will are a claim of lack of testamentary capacity or a claim...

High Court rules Cohabitants entitled to challenge their late Partner's estate

Laura Pracy
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In the case of Thompson v Ragget (2018) EWHC 688 Ch, the High court ruled in favour of an unmarried woman who had been left out of her partner’s £1.5m estate. The distribution of an estate, either under the terms of a Will or pursuant to the ...

Contesting a Will: Does a Will need to be signed?

Laura Pracy
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For a Will to be validly recognised in England and Wales, it must be signed in front of two independent witnesses, who print and sign their names, this aids when resolving probate disputes . While this requirement has been a long-recognised rule of the law,...

The Importance of Continuously Updating Your Will

Laura Pracy
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An estimated 40 million people in Britain have not produced a Will. It’s, therefore, no surprise that the term ‘wills apathy’ has been widely used to illustrate a behavioural trend among the general public. This trend shows that the...

Challenging a Will? Speed is of the Essence

Laura Pracy
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A recent case warns beneficiaries of a will to ensure they understand its effects – and to take action if they think they have not been adequately provided for. The provisions of most wills often come as little surprise to family and friends. They...

Making A Will Does Have Many Benefits For You and Your Family

Sarah Finnigan
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With Christmas just around the corner, we tend to think about our loved ones and what we would like to give them. Christmas shopping can be a difficult task as there are so many wonderful options to choose from. But have you considered how drafting your Will...

More People Are Disputing Their Inheritance (or Lack of It)

Laura Pracy
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We’ve recently seen an increase in enquiries from people wanting to challenge a relative’s will or make a claim if they are not provided for – so much so that we have expanded our team. Laura Pracy rejoined us in June and is now working in...

Comfort for those making wills (and clarification on when they can be challenged)

Christopher Burke
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The Supreme Court made an important decision* on wills and inheritance last month. The decision gives some comfort to those making wills that their wishes will be usually be respected after they die. The decision also clarifies the rules on when a will or...

The importance of making a Will

Christopher Burke
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Not making a will can create problems and inhertiance disputes for the family and employees you leave behind. We’re fast approaching Christmas and the New Year and, when we review 2016 in terms of celebrity losses, it's been a...

INSIGHT: Protecting And Planning Your Business And Shares Ahead Of Death

Sarah Finnigan
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  How do I protect my business after I die? If you own shares in your family business they may well be your most significant asset and it’s important to understand how they may pass on your death and the most tax efficient way to achieve this,...

Property Dispute Delays Estate Administration

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Disputes over strips of property are common, and a typical result is that the resolution of the dispute costs many times the value of the land in dispute. This can cause particular problems when an estate is involved, as the executor is faced with potential...

Make A Will In September And Help The Christie

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People across the local area will have the opportunity to make or update their will for free this month as part of The Christie’s Make a Will Week, in return for a donation to the charity. The Christie, the North West’s specialist cancer centre...

Holiday Home Law Prompts Will Changes

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Recent changes to EU succession laws will now make it easier to pass on foreign holiday homes, but only if appropriate changes are made to your will. A holiday home is a luxury many of us dream of and will want to pass on to our families in the future....

Milliband In Trouble Re Inheritance Tax Liability And Tax Avoidance

Sarah Finnigan
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Deed of Variation Used To Divide Ownership Of The Family Home Private Client Solicitor Sarah Finnigan of Pearson Solicitors comments on the Milliband tax avoidance story. “Notwithstanding the unpopularity politicians attract if they ever admit to...

Pearson Solicitors are a Dementia Friendly Practice

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Oldham lawyers are joining in the campaign to create a Dementia Friendly Oldham. Dementia is one the biggest health challenges in the UK with nearly 250,000 people currently living with the condition in the local area.  Dementia can be hugely...

Early Xmas Gift for North West Air Ambulance Charity from Pearson Solicitors

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Nearly £400 was raised towards keeping the North West Air Ambulance Charity in the skies this Christmas when Pearson Solicitors and Financial Advisers kindly donated their will-writing services for free. Clients who wanted to make use of the service...

Repair Obligations Do Not Create IHT Charge

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Yet another attempt by HM Revenue and Customs (HMRC) to persuade the court that a gift of a property from parent to child should be a 'gift with reservation of benefit' has failed. Where any asset is gifted from a person (the donor) to another (the...

Dignity code proposed for elderly

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Campaigners are calling for a new code of rights for the treatment of older people. The National Pensioners Convention (NPC) wants all hospital trusts, local authorities and care homes to introduce a dignity code that will provide a number of minimum...

What can happen if you don't make a will

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If you die without a will your remaining assets will be divided according to the laws of intestacy, which may not necessarily be in accordance with your wishes. If you die without a will and an estate plan then there are strict intestacy laws which govern...