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Private Client Law Blog

4 July 2018

Interpreting an ambiguous Will clause and intentions of the testator (Tish and others v Olley and others)

Joseph Austin explains how the court applied the rules of interpretation to determine the testator’s intention by identifying the meaning of the relevant words in light of various factors, including common sense.

Joseph Austin TEP

22 June 2018

What happens if a pension sharing order is not passed on after divorce?

Jane Keir, divorce and family law partner at Kingsley Napley, replies to a question in This is Money: 'Help! Have I lost a £12k a year pension because of admin blunder following my divorce?'

Jane Keir

18 June 2018

Sign on the dotted line… Does a will need a witness’ signature to be valid?

No will shall be valid unless the testator’s signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time. Each witness must then attest and sign the will. 

Katie Allard

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.

Kate Salter

24 May 2018

Providing for your disabled child in a Will

If you are the parent of a disabled child, it is likely that you will be concerned about how that child is going to be taken care of after you die.

Stephanie Mooney

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