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Wills, trusts and inheritance disputes

23 March 2020

Children and Protected Parties – Can they Participate in Trust and Probate claims?

In many cases where there is a dispute over a trust or estate, one or more of the potential parties will be a minor child (that is, aged under 18). Cases may also involve parties who do not have the requisite mental capacity under the Mental Capacity Act 2005 to engage in litigation. Such parties are commonly referred to as ‘protected parties’.

Kate Salter

11 February 2020

What is the correct forum for a multi-jurisdictional probate dispute?

The recent decision in Rehman v Hamid [2019] EWHC 3692 (Ch) provides a useful reminder of the principles to be applied when determining the correct forum for a dispute arising in relation to a multi-jurisdictional estate.

Katherine Pymont

13 December 2019

Barnaby v Johnson – Defendant has no basis for any proper challenge to Will validity

In cases where there might be doubt about the validity of a Will there are a number of grounds on which the Will might be challenged, depending on the circumstances. 

Kate Salter

10 December 2019

Trust me: how a constructive trust saved millions

The recent decision of the Court of Appeal (CA) in Alice Kahrmann (as administrator of the estate of Rainer Christuab Kahrmann) v Hilary Harrison-Morgan (2019) may on the face of it appear to be a textbook dispute between a daughter and step-mother but it teaches us more than meets the eye, particularly in respect of the power of a constructive trust.

5 December 2019

Funeral fall-outs and body battles – Who is in charge?

In most cases, after the death of a loved one, family members and those close to the deceased come together to agree a fitting and respectful ‘send-off’ for the deceased, whether that involves a funeral, burial, cremation, memorial service or any other way of saying ‘goodbye’.

Kate Salter

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