The recent case of Nutt v Nutt, an elderly lady left her house to one of her children and not the others. The case shows the factors that the courts use to resolve will disputes. The Facts of Nutt v Nutt Lily Rose Nutt passed away in 2013; she was a widow. Mrs Nutt had made a will in 2005, and another in 2010. Mrs Nutt had three children: Christopher, […]
Most will disputes arise from common grounds for a will dispute such as lack of testamentary capacity, undue influence or the Inheritance (Provision for Family and Dependants) Act 1975. However, some of the less common situations that give rise to will disputes are the grounds of forgery and will fraud. Both forgery and will fraud occur when someone has deliberately interfered with a testator’s will to change who inherits property […]
Challenging a will requires a valid reason to go to court. Different grounds will be relied upon in a will dispute, depending on the particular circumstances under which the will was made. If you are unhappy with the contents of a will and the circumstances in which it was made, a vital first step in any challenge will be to establish the grounds on which you will challenge the will. […]
Proprietary estoppel is a principle that courts use to resolve disputes. Proprietary Estoppel arises when a defendant has made promises or assurances that property will pass to the claimant, and the claimant has relied on these assurances to their detriment. For example, in Gillett v Holt [2001] Ch 210, a farmer, Mr Holt, made assurances to Mr Gillett that if he worked on his farm for far below the market […]
We look at some lessons from case law that may help prevent will disputes in the future. Making a will is an important step for you to take to ensure that you property will be distributed as far as possible according to your wishes when you die. Without an up to date will, property will either be distributed according to a previous will, which might not reflect your wishes, or […]
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 suspect that someone has made a will in suspicious circumstances, is there anything you can do before that person dies? The papers have recently reported a number of situations where high profile individuals: Bill Gates, Nigella Lawson and the like – have declared their intention to leave the majority of their fortunes to charity rather than their children. In these cases it seems unlikely that there is anything […]
The importance of choosing an expert in probate and litigation work when you’re thinking of disputing a will. You may be considering bringing a challenge to a will – and if you are, it’s important to use a will disputes expert, a point that was recently highlighted in the case of Lyons & Anor v Kerr-Robinson The Facts Cynthia Lyons died intestate leaving property in Jamaica and England. She had […]