Disputed Wills

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.

Laura Phillips

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.  

Laura Phillips

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. 

Dr Rosa Malley

30 May 2017

The difficulties (but not impossibility) of challenging wills prepared by solicitors

In recent years we have noticed an increase in claims being brought which challenge the validity of a will. The reasons for this increase have been previously commented on by many, but the general feeling is that an increasing elderly population, an increase in the diagnosis of medical conditions such as dementia, and even perhaps a growing sense of entitlement by hopeful beneficiaries are all contributing factors. 

Laura Phillips

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