Blog
Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
16 April 2013
Inheritance claims by spouses rise with number of remarriages
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) are on the rise. According to a Law Commission Report presented to parliament last year, it was estimated that in the past three years more than 1000 claims under the Act have been formally commenced in court. At Kingsley Napley, we have noticed a particular increase claims under the Act by spouses and cohabitees, especially where one or more the parties have been married previously and/or they have children from an earlier relationship.
2 April 2013
Invalid Wills – the challenge of proving lack of ‘testamentary capacity’
In 2013, the courts have held in two different cases (both involving warring siblings contesting a deceased parent’s estate where one sibling had been cut out of the deceased parent’s last will) that there was insufficient evidence to declare a Will invalid on the ground that the testator lacked ‘testamentary capacity’. However, in both cases, the disputed Wills were declared invalid on the ground of ‘want of knowledge and approval’.
24 January 2013
Inheritance claims by children - on the rise?
The Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) provides that adult children are entitled to apply for reasonable provision from the estate of a deceased parent. We have observed a steady increase in claims from children, often in strained family situations involving step- parents.
10 October 2012
Bernard Matthews’ Will - French law has the final say
The three adopted children of millionaire turkey farmer, Bernard Matthews, commenced proceedings in England for their share in their father’s £12 million French villa near St Tropez to be recognised under French law, despite their father’s three wills in favour of his secret French mistress for 23 years.
20 July 2012
Suspicious Wills: the rise of ‘want of knowledge and approval’ claims?
A high profile case was heard at the High Court in London recently, in which two Wills prepared by an individual on behalf of his sisters were set aside on the grounds of want of knowledge and approval. We have also just settled a probate dispute where a Will was challenged on this basis. These claims arise when the circumstances surrounding the making of a Will appear to be suspicious. A testator must have knowledge and approval of the contents of a Will in order for it to be valid.