Services A-Z     Pricing

Wills, trusts and inheritance disputes

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.

Kate Salter

11 January 2022

Is the pandemic the perfect storm for will challenges?

A will can be contested on the basis that it is invalid by relying on various grounds. It is fast becoming apparent that sadly the pandemic may have given rise to the perfect storm for will challenges on one or more of these grounds.
Katherine Pymont

22 October 2021

Claimants given costs boost in inheritance disputes – Hirachand v Hirachand

The Court of Appeal has recently handed down its judgment in the case of Hirachand v Hirachand, concerning an appeal against an order made in May 2020 in proceedings brought by Sheila Hirachand for provision from the estate of Navinchandra Hirachand, her late father, under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”).

Kate Salter

13 October 2021

Actor Terry Jones’ children challenge his Will - but does suffering from dementia mean you can’t make a valid Will?

Several stories have recently been published about the ‘legal battle’ commenced in the High Court relating to the estate of actor Terry Jones, who was well known and loved for his role in Monty Python and who died in January 2020. His adult children from his first marriage have reportedly commenced proceedings against their father’s estate and his second wife Anna Söderström (who is thought to be the main beneficiary of the estate), claiming that the Will their father made in 2016 is invalid because he lacked capacity when he made it. As a matter of law, a Will made by someone who lacks the required mental capacity at the time they made the Will is not valid. 
 

 

Kate Salter

30 September 2021

Why the date of death matters for creditors of insolvent estates

Death does not release an individual from their debts and liabilities, nor does it allow transactions made to loved ones to escape challenge. This is so regardless of whether the transactions were made with the intention to defraud creditors.

Skip to content Home About Us Insights Services Contact Accessibility