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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
The case of Danielle Ames received media coverage last week following Mr Recorder Halpern QC’s comment that her lack of employment was a lifestyle choice, which alone was sufficient to defeat her claim against her father’s estate.
If a Will appears rational then there is a presumption that the individual making the will (the testator) had mental capacity and the Will will be admitted to probate unless anyone can produce sufficient evidence to the contrary.
How do you avoid 1975 Act claims against your estate? The Court of Appeal decision in the case of Illott v Mitson made headlines in 2015 as many people feared it represented an attack on testamentary freedom.
The much publicised war of words and threat of an inheritance dispute brewing between Lynda Bellingham’s adult sons and her third (surviving) husband Michael Pattemore is all too familiar. We have seen a steady increase in fall-outs over wills in part as a consequence of families becoming more complicated and in particular, disgruntled children who are unhappy with their provision or treatment at the hands of a step-parent.
The recently reported case of John Hoggins’ failed claim against a £650,000 house he bought for his girlfriend, Greta Cerniauskaite, has generated some interesting headlines. Reports of “Plumbing tycoon's ex girlfriend wins share of fortune” and “British millionaire ordered to hand luxury £650,000 house to Lithuanian ex-girlfriend” add to the myth that cohabitants have legal rights.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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