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Disputed Wills

20 September 2016

Disputed wills and mental capacity

If a Will appears rational then there is a presumption that the individual making the will (the testator) had mental capacity and the Will will be admitted to probate unless anyone can produce sufficient evidence to the contrary.

Diva Shah

24 August 2016

What happens to a divorce settlement if a spouse dies during or after divorce proceedings?

Going through a divorce can be both emotionally distressing and technically challenging at the best of times. However, in the event of one spouse dying during or shortly after divorce proceedings it can bring an added element of complication. Although this is thankfully a very rare occurrence, there are options to consider depending on the stage divorce proceedings have reached.

Alexandra Bishop

10 August 2016

Practical advice for avoiding potential inheritance disputes

How do you avoid 1975 Act claims against your estate? The Court of Appeal decision in the case of Illott v Mitson made headlines in 2015 as many people feared it represented an attack on testamentary freedom. 

Katie Allard

8 August 2016

Debts and Death

"He that dies pays all debts," says Shakespeare in  the Tempest.  Indeed, debts are payable from a deceased’s estate on their passing - and not by their beneficiaries or family if the estate has insufficient assets to cover the liabilities.

 

5 August 2016

Laugh after Death

Wills so often reflect not only the wishes of a testator, but their character and sense of humour (good and bad!). For some, the temptation to cause mischief or raise a smile from beyond the grave is too much to resist. 

Katie Allard

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