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Wills, trusts and inheritance disputes

18 January 2023

Trust and Estate Disputes Quarterly Round-Up: Q4 2022

This quarterly contentious trust and probate litigation update provides a summary of a cross-section of reported decisions handed down in the courts of England and Wales in the period October 2022 - December 2022.

Katherine Pymont

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.

Phoebe Alexander

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.

Kate Salter

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.

Laura Phillips TEP

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.

Liam Hurren

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