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Disputed Wills

26 September 2018

Dealing with costs in trusts and probate proceedings – Part 2: exceptions to the general rule in probate claims

The principles applicable to costs in the context of probate litigation are different from the costs of other litigation. In particular, there are two long established exceptions to the general litigation rule that costs follow the event.

Ryan Mowat

26 September 2018

Dealing with costs in trusts and probate proceedings - Part 1: liability for trustees

Recent decisions in the Sheffield case has highlighted the court’s distinctive approach to dealing with costs in trusts and probate proceedings, and is a reminder to trustees in particular as to their potential litigation costs exposure where they are in default.

Ryan Mowat

17 September 2018

£6m gift for son of woman with dementia

In the recent judgment of PBC v JMA and others, Judge Hilder authorised an application by an attorney to make gifts from his mother’s estate in excess of £7m, including £6m to himself.

Sameena Munir

31 August 2018

Minor children and reasonable financial provision

The Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) enables a child of the deceased to make a claim against his or her estate provided that they can show that they were financially dependent on the deceased and that the deceased did not make adequate provision for them in their will (or by an intestacy).

Katherine Pymont

6 August 2018

Capacity on the cobbles, Coronation Street’s inheritance dispute storyline

Can depression invalidate a will? Anna Metadjer blogs about the importance of challenging a will at the outset and to obtain specialist legal advise.

Anna O’Carroll

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