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Wills, trusts and inheritance disputes

15 June 2018

Knowledge approval claim fails because the circumstances surrounding the will were not suspicious

On 13 June the High Court handed down judgment in the case of Gupta v Aggrawala and others, a claim brought by Rakesh Gupta who alleged that his late mother’s will (which favoured Rakesh’s younger brother, Naresh) was invalid due to lack of knowledge and approval. Kingsley Napley acted for Naresh in successfully defending the claim, with the Judge concluding that Rakesh had not shown any suspicious circumstances at all in relation to the testatrix’s knowledge and approval of the will.

Kate Salter

6 March 2018

“But you promised me!” – Are promises enough when someone passes away?

The recent judgment in the case of Habberfield v Habberfield [2018] EWHC 317 Ch is another of a growing number of judgments in which the claimant (and disappointed beneficiary) has pursued a claim on the grounds of proprietary estoppel.

Laura Phillips TEP

2 February 2018

A recent court ruling on the forfeiture rule

The High Court recently exercised its discretion pursuant to Section 2 of the Forfeiture Act 1982 (“FA 1982”) in the case of Macmillan Cancer Support v Hayes and Long [2017] EWHC 3110

Katherine Pymont

24 January 2018

Time’s up! When does “late” become “too late” to make an application for provision under the 1975 Act?

The decision in the case of Sargeant v Sargeant [2018]EWHC 8 Ch was handed down last week. The Court held that the widow of a farmer was too late to make an application for reasonable financial provision from her husband’s estate; having made the application more than 10 years after the grant of probate was obtained. 

Laura Phillips TEP

12 June 2017

Annual statistics for Trusts, Wills and Probate released

The annual statistics for The Royal Courts of Justice, January to December 2016 were recently released.

Katherine Pymont

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