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Inheritance and Will Disputes

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...

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...