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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
In one recent case a daughter who had fallen very far out of her father’s favour tried almost every trick in the book to have his Will declared invalid (Bateman v Overy and another ([2014] EWHC 432)).
Below is a summary on recent cases in the Court of Protection. If you should have any questions in relation to any of the issues raised, please contact a member of our team.
A Will made by someone who lacks mental capacity is not valid. Just because someone is elderly or suffering from a mental illness does not automatically mean that they lack capacity to make a Will.
The Court of Appeal has published its eagerly anticipated (by tax geeks at least) judgment in the case of HMRC v The Executors of Lord Howard of Henderskelfe (deceased) ([2014] EWCA Civ 278).
‘1975 Act claims’ are claims made under the Inheritance and Family Provisions Act 1975, where relatives and dependants who feel they have not received enough (or anything at all) on someone’s death can ask the Court to make provision for them. Below are a couple of recent cases.
Should you have any questions about bringing or defending a 1975 Act claim, please see our Frequently Asked Questions and case studies or contact a member of our team.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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