Blog
Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
26 June 2025
The future of will disputes part 4: Challenging validity based on capacity
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.
19 June 2025
The future of will disputes part three: challenging validity based on forgery and fraud
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.
11 June 2025
The future of will disputes part 2: Challenging validity based on issues with execution
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.
17 March 2025
Willing my cryptocurrency away: how to leave cryptoassets in a Will
The increase in the value of cryptoassets has undoubtedly contributed to the continued interest and adoption of this still relatively new asset class across organisations and individuals. The ease of purchasing, selling or transferring a cryptoasset has improved significantly over the last few years (and which has in part stemmed from the development of the regulatory environment). However, there is still a technical barrier to entry. This presents a practical problem; if your assets pass to your loved ones on your death, how do you ensure that they are able to actually access and benefit from any cryptoassets that you hold?
29 January 2025
Statutory wills, resolving will disputes during the testator’s lifetime
When a testator makes a will, they must have the requisite testamentary capacity to do so. If they do not, this may be grounds for a disappointed beneficiary to issue a probate claim to challenge the validity of the will after the testator's death.
