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Disputed Wills

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

4 March 2019

What if you’ve been left an inheritance, but not in the way that you want?

On 8 November 2018, almost 17 months out of time, Mary Jane Cowan made an application under Section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 for permission to make an application under Section 2 of that Act against the estate of her deceased husband, Michael Anthony Cowan (Cowan v Foreman, [2019] EWHC 349 Fam).

Laura Phillips TEP

18 December 2018

Inheritance Gifts, Hotchpot and Double Portions. Do children have a right to be treated equally?

Sibling concern over equal treatment can linger well into middle age and beyond; it reveals itself after a parent’s death or during their old age through arguments over who has had what and who’s going to get what. We’re not legally obliged to leave our estate to our children in equal shares or, indeed to leave them anything at all.

14 November 2018

New probate fees – stealth death tax for the middle classes

Despite overwhelming opposition, the government has set a date for a new stealth death ‘tax’ aimed at bereaved families.

James Ward

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