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Wills, trusts and inheritance disputes

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. 

Laura Phillips TEP

13 September 2024

Broken promises? Safeguarding family land

Agreements between family members regarding ownership of land are not always formally recorded, as they are more likely to trust one another to abide by any promises or assurances made. However, where no formal agreement is in place, the owner of the land may not feel bound to abide by any promise, and recollections may vary about what was actually said, particularly when this goes back a number of years. It is important for advisors to be live to potential interests that may arise in land, even where formal agreements have not been put in place, to assist them in safeguarding their clients’ interests.

Katherine Pymont

13 August 2024

Bringing assets back into the estate: The recovery of misappropriated estate assets

There are an increasing number of cases before the courts concerning the misappropriation of estate assets. Typically, this involves assets being misappropriated by a beneficiary, family member, or personal representative following death, but may also concern assets which were misappropriated during the deceased’s lifetime.

Cally Brosnan

10 June 2024

All this will one day be yours; proprietary estoppel continuing to make headlines

This weekend, the national press has reported on another bitter inheritance dispute, this time centred on a strawberry farm. 

Katherine Pymont

5 June 2024

Trust and Estate Disputes Quarterly Round-Up: April - June 2024

This contentious trust and probate litigation round-up provides a summary of a cross-section of reported decisions handed down in the courts of England and Wales in the period April 2024 - June 2024.

Katherine Pymont

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