Private Client News

Beneficiaries Prevent Sale of Family Trust SharesDecember 21, 2012

The power of trust beneficiaries to direct in certain circumstances the actions of the trustees of the trust under which they benefit was clearly shown...

Court of Appeal Upholds Overturning of Unfair WillDecember 5, 2012

When a Yorkshire farmer disinherited his son and left the whole of his estate to his daughter, the son challenged the will in court. The...

Government to Introduce Presumption of Death LegislationNovember 23, 2012

Each year approximately 250,000 people are reported missing in the UK and some of these people are never seen again. In England and Wales this...

When a Gift Cannot Be Made, What Happens?October 22, 2012

When a charitable gift in a will fails (other than because the estate lacks the assets necessary to make the bequest), the resulting effect on...

Daughter Gains Property in Litigation With MotherOctober 9, 2012

Failing to make formal arrangements over who should own property is a frequent cause of family disputes. One such case concerned an industrial unit, which was...

Court Steps In to Prevent Battle Over EstateOctober 1, 2012

When a person no longer has the mental capacity to make a valid will (‘testamentary capacity’ in legal terms), an application can be made for...

Defunct Charity GiftSeptember 25, 2012

A bequest in a will can fail for a number of reasons, one of the commonest of which is that the beneficiary is uncertain. For...

When a Charitable Gift BackfiresSeptember 18, 2012

Making a bequest to a charity is relatively common. However, sometimes this can backfire spectacularly, as happened in the case of a Cheshire man who...

Confused and Inebriated Not Grounds for Invalidating WillSeptember 10, 2012

When an elderly woman decided to make a new will giving her entire estate to her neighbour, the attendance note prepared by the firm she...

Will Overturned After Challenge by RelativesAugust 27, 2012

A now retired solicitor who ‘assisted’ his two elderly aunts to change their wills, making him the principal beneficiary of both, has seen the court...