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Opportunities for Regulators in the Age of AI
Laura Vignoles
This Dementia Action Week, we are shining a light on an issue that affects thousands of families across the UK: the misappropriation of assets from people living with dementia.
2025 produced many interesting decisions in trust and estate disputes in the courts of England & Wales. We consider just a few of those key decisions below, which illustrate that the outcome in cases of this nature remains highly dependent on the particular facts of the case and available evidence.
For a will to be valid, the testator must have had testamentary capacity at the time it was made. Testamentary capacity refers to the mental ability of the testator to make a valid will.
When a loved one dies, the terms of their will can sometimes surprise surviving family members, with unexpected beneficiaries or unequal distribution of the estate. In England and Wales, individuals have the freedom to leave their estate to anyone, with no legal obligation to provide for specific family members. Even if the will seems unfair, the law generally upholds the testator's wishes, if the will has been validly made. However, certain family members and dependants may be able to bring a claim against the estate (under the Inheritance (Provision for Family and Dependants) Act 1975), if adequate provision has not been made for them under a will.
In order for a will to be validly executed it must comply with the requirements set out at Section 9 of the Wills Act 1837.
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