Blog
What is your duty to co-operate with your regulator?
Zoe Beels
15 June 2018
Knowledge approval claim fails because the circumstances surrounding the will were not suspicious
On 13 June the High Court handed down judgment in the case of Gupta v Aggrawala and others, a claim brought by Rakesh Gupta who alleged that his late mother’s will (which favoured Rakesh’s younger brother, Naresh) was invalid due to lack of knowledge and approval. Kingsley Napley acted for Naresh in successfully defending the claim, with the Judge concluding that Rakesh had not shown any suspicious circumstances at all in relation to the testatrix’s knowledge and approval of the will.
6 March 2018
“But you promised me!” – Are promises enough when someone passes away?
The recent judgment in the case of Habberfield v Habberfield [2018] EWHC 317 Ch is another of a growing number of judgments in which the claimant (and disappointed beneficiary) has pursued a claim on the grounds of proprietary estoppel.
20 October 2017
Homemade wills and deathbed gifts – are they easier to challenge?
Homemade wills are, generally, easier to challenge. There are a number of things which a court will be looking for when it considers whether a testator was capable of making a will. Firstly, the person must have the requisite mental capacity to make a will. They must also know and approve the contents of that will.
29 August 2017
Wills by WhatsApp?
The Wills Act 1837 (the “Wills Act”) is probably one of the oldest pieces of legislation we tend to come across on a day to day basis. It works well because it is (a) clear, and (b) simple.
22 August 2017
Powers of attorney: too risky?
The recently retired Senior Judge of the Court of Protection, Judge Denzil Lush, caused a stir on the Today Programme last week by criticising the lack of safeguards in powers of attorney and saying that he would not sign one himself. Judge Lush also contrasted this with the appointment of a professional deputyship as a “safer” alternative.