Blog
Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
15 December 2022
What does it take to create a trust? A reminder of the three C’s
Margulies v Margulies [2022] EWHC 2843 (Ch) is no less than the sixth set of proceedings between two brothers following the death of their father in 1991. This case is the latest in that series of proceedings and provides helpful pointers on the importance of certainty when drawing up inheritance plans. It also includes a useful summary of the law on cause of action estoppel and abuse of process.
27 September 2022
Will preparation labelled “reckless and quite possibly dishonest” in high profile will dispute
At the end of last year the High Court heard the case of Reeves v Drew & Others, which concerned a challenge to the validity of a will made by successful businessman Kevin Reeves, on the grounds of want of knowledge and approval and undue influence. Whilst there was a lot of public interest in the case at the time due to the characters involved, the judgment also provides a comprehensive summary of the legal principles relevant to claims advanced on these grounds.
24 May 2022
Red flags to look for when spotting financial abuse
Mental Health Awareness Week, with its focus this year on the theme of loneliness, is a timely reminder of our duty to protect loved ones and elderly clients who might be vulnerable to financial abuse and undue influence.
30 March 2022
Funerals and feuding families – What happens if there is a dispute over arrangements for a loved one’s body?
The death of a loved one is an incredibly sad and difficult time for any family, and in the vast majority of cases those closest to the deceased are able to arrange an appropriate “send-off” which gives everyone the opportunity to pay their respects and say goodbye. Unfortunately however, there may be situations where the relevant parties cannot agree on the funeral arrangements, or what should happen to the deceased’s body. This blog considers who is legally responsible for deciding what happens to the body and how the Court has approached disputes in recent cases.
10 February 2022
Proving Will Fraud or Forgery: Is There Evidence?
When a family member or loved one dies, sometimes the terms of their will, if they made one during their lifetime, can come as a surprise to those who survive them. For example the will might include unexpected beneficiaries, or certain beneficiaries might receive a greater or lesser share of the estate than others. Under the laws of England and Wales, a person has the freedom to leave their estate to whoever they choose and there is no legal obligation to provide for any particular family member or other individual. Therefore, whilst family members or individuals might regard the terms of the will as unfair or unexpected, the law will generally uphold the wishes of a testator set out in their will, if it has been validly made.