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Dispute Resolution Law Blog

9 November 2022

Recovering assets misappropriated by an attorney or deputy

People with dementia are at higher risk of financial abuse and in our experience, the majority of allegations of financial abuse and misappropriation of monies against vulnerable individuals are against the very people trusted to look after their affairs. Sadly, the volume of those allegations is on the rise.

Katherine Pymont

13 October 2022

A reminder of the risks of underestimating the responsibilities of being an executor

The recent judgment in the case of Totton & Anor v Totton [2022] EWHC 2345 (Ch) ought to serve as a stark reminder that executors need to take their duties very seriously. In this case, the High Court found that an executor had failed to comply with his duties as an executor and, subsequently, breached a court order intended to remedy the position. As a result, the executor was found to be in contempt and sentenced to a custodial sentence of three months.

Laura Phillips TEP

10 October 2022

Trust and Estate Disputes Quarterly Round-Up: Q3 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 July 2022 - September 2022.

Katherine Pymont

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

15 August 2022

Proving a Missing Will

In the recent case of Cooper v Chapman [2022] EWHC 1000 (Ch), a Will of which the executed copy had been lost and of which only a draft on a computer had been located was found to be validly executed and was admitted to probate.

Sophie Mass

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