Can someone be both executor of a will and a beneficiary under the will? This is quite common – but what if there is a conflict of interest? Beneficiaries and executors A beneficiary of a will is a person named in the will as someone who will inherit money or property, or benefit from a trust. An executor of a will is the person named in the will who is […]
The Inheritance (Provisions for Family and Dependants) Act allows the dependants of a deceased person to make claims for reasonable financial provision beyond that which they have been left in the will. Inheritance Act claims don’t question the validity of the will itself. The Inheritance Act specifically aims to help individuals who were dependent on the deceased person before they passed away, such as children, spouses and other financial dependants. […]
In the recent case of DMM, Re (2017) EWCOP 33 the court had to decide if someone had the capacity to marry and revoke a will. When creating a will there are many issues that come into play. Alongside the statutory requirements in Section 9 of the Wills Act 1837, there are three main requirements for the formation of a valid will. These are: the testator must have testamentary capacity, […]
Sometimes, the problems that arise from a will aren’t about whether the person who made the will had the capacity to do so, or whether they were unduly influenced by someone else. Sometimes, the problems come from the way the will was drafted – and even properly drafted wills can cause problems in some circumstances. This happened in the case of Jump & Jones v Lister [2016] EWHC 2160 where the survivorship […]
If you have been disappointed with the contents of a will – perhaps you have been inexplicably left out of the will of a loved one or close relative, or you have been left less than you understood you would receive – it is important to make an application for pre-action disclosure as early as possible. Why are documents important in a will dispute? One of the key difficulties in […]
When you are thinking about any kind of legal action, a key concern will be the legal costs involved. It is no different when you are planning to challenge a will. It is a complex area of law, and you will need specialist legal advice and support to help you navigate the process, and succeed in your will claim. A no win no fee arrangement offers a sensible approach to […]
If you want to challenge a will, you have 2 broad options open to you. The first is to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. The second option is to challenge the validity of the will itself. There are several grounds to do this – one of those is to argue that the person who made the will, the Testator, did not have […]
A few months back, we looked at the issue of ‘fraudulent calumny’ – which is a kind of undue influence – and how it can be used to challenge a will. The recent case of Christodoulides v Marcou [2017] EWHC 2632 (Ch) is another opportunity to look at what fraudulent calumny involves. The facts in Christodoulides v Marcou This case involved a dispute between 2 sisters, Niki and Andre in relation […]
In this blog, we look at what the requirement to be living in the same household as the deceased, in relation to Inheritance Act claims by cohabitees for under the Inheritance Act 1975. Cohabitees claiming under the Inheritance Act 1975 The Inheritance Act 1975 allows cohabitees – both opposite sex and same sex – to claim under the Inheritance Act 1975 if they have been left out of their partner’s […]
There’s a commonly held belief that if you live with someone without being married or in a civil partnership, you have the same rights as if you were married. This belief in the existence of a ‘common law marriage’ is wrong. The reality is that a cohabitee has no equivalent status to a spouse of civil partner. This means that, if you are a cohabitee and your partner dies, your […]
One of the questions you are bound to ask yourself when you are thinking about challenging a will is “How will this all end?” Many people have very little involvement with legal disputes. Even their experience of working with a solicitor may be limited to buying a house. Many people have a mental picture of a court room drama playing out when they think of a will dispute. The reality […]
A holographic will is one which is entirely handwritten by the Testator and signed by him (or her). In many ways, whether a will is handwritten or not makes no difference in England and Wales, because it must still be properly signed and witnessed in order to be valid. However, holographic wills can give rise to issues of validity and can cause problems with interpretation. Do special rules apply to […]
Whether you wish to challenge a will, or you find yourself on the receiving end of a will dispute, you will almost certainly need expert legal advice. At a time when you will already be vulnerable following the death of a loved one, you need to choose a will dispute solicitor. Let’s be honest, it’s probably the last thing you want to do. On the other hand, choosing the right […]
A few weeks ago, the BBC reported that a court in Australia had agreed that an unsent text message could be treated as a will . Could this become a reality in the UK? And what could the impact be on will disputes? As we wait for the outcome of the Law Commission’s consultation on will reform (which ended on 10th November), we look at whether a relaxation of will formalities […]
In many cases, people write their own wills, which can lead to problems down the line. In Vucicevic & Another v Aleksic & Others [2017] EWHC 255 (Ch), the Court looked at a handwritten will to establish its true intentions given imperfect written English and other problems including undated deletions and amendments, and no attestation clause. In this case, it wasn’t so much a dispute between beneficiaries and potential beneficiaries […]
If you have been disappointed by the contents of a will, it’s natural that you will want to take action to challenge the will and rectify the situation. Sometimes it will be enough to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 to for ‘maintenance’. In other cases, it will be necessary to show that the will was invalid and so should not stand. In […]
Many people – usually couples – make wills which are similar. They leave assets, property and other bequests to the same people. An example would be a couple who leave everything to each other and then to their children. If these wills include an agreement to do this, and not to revoke the will without the agreement of the other, these will be mutual wills. The importance of mutual wills […]
If you are thinking about challenging a will, one of the key things to consider is the evidence you will need to support your case, and any witnesses you will need to call. Your legal adviser will be able to talk to you specifically about the type of evidence your claim will require. In the meantime, here’s a rundown of the kinds of witness that might be involved in your […]
The High Court has recently stepped in to set aside gifts made by a donor shortly before his death, and when he was suffering from dementia so his mental capacity was in question. Not strictly speaking a ‘will dispute’, but readers will recognise some of the issues in Connolly v Connolly & Anor [2017] NICh 8 relating to the donor’s mental capacity as similar to those that can arise in a […]
You may feel helpless in the face of a will that has either disinherited you, or leaves you will very little. All this at a time when you are grieving for a relative or close friend and would have expected to be included in the will. The reality is that there are some steps you can take if you are concerned about a will, including registering a caveat and gathering […]