Disputed Wills

10 December 2019

Trust me: how a constructive trust saved millions

The recent decision of the Court of Appeal (CA) in Alice Kahrmann (as administrator of the estate of Rainer Christuab Kahrmann) v Hilary Harrison-Morgan (2019) may on the face of it appear to be a textbook dispute between a daughter and step-mother but it teaches us more than meets the eye, particularly in respect of the power of a constructive trust.

Emily Greig

5 December 2019

Funeral fall-outs and body battles – Who is in charge?

In most cases, after the death of a loved one, family members and those close to the deceased come together to agree a fitting and respectful ‘send-off’ for the deceased, whether that involves a funeral, burial, cremation, memorial service or any other way of saying ‘goodbye’.

Kate Salter

5 September 2019

A reminder on costs in the context of probate litigation and the importance of mediation

The most recent decision in the case of Christopher Burgess v Jennifer Penny & anr [2019] EWHC 2034 (Ch) serves as a useful reminder that the principles applicable to costs in the context of probate litigation are different from the costs of other litigation and the importance of mediation.

Katherine Pymont

16 August 2019

Who died first? Judgment handed down in Scarle v Scarle

This week HHJ Kramer handed down his judgment in the case concerning Mr and Mrs Scarle. The court was asked to consider the question as to which of them had died first in October 2016, after they were both found dead at their bungalow in Essex. 

Kate Salter

2 July 2019

Who died first? When the date of death matters

Kate Salter discusses the recent case in which two step-sisters dispute who stands to inherit, depending on which of their parents died first according to legislation.

Kate Salter

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