Trusts, Wills and Probate News

Farmer Acts to Protect Family PromiseAugust 20, 2018

Farming families appear regularly in the courts these days, as more and more cases arise that feature undocumented promises that have been made (or are...

Witnesses Save the Day for Widow in Will ArgumentJuly 16, 2018

A divorced man who remarried in his late 50s made a new will in 1998, one year after the marriage, which left his entire estate...

Will Wishes Rescinded by CourtJune 28, 2018

One powerful reason why you should always seek legal advice before making your will is to ensure you meet your responsibilities to those who depend...

Trust Variation for Minors – High Court Holds SwayJune 12, 2018

Setting up family trusts with minors or those with mental incapacities as beneficiaries is by no means uncommon and it sometimes occurs that such trusts...

High Street Store Will Invalid, Rules CourtMay 16, 2018

The dangers inherent in adopting a casual approach to one's will were starkly illustrated in a case that considered the validity of three 'templated' wills...

High Court Focuses on Essentials to Resolve Family Trust DisputeApril 16, 2018

Even the most careful drafting cannot always succeed in dispelling ambiguity or in making provision for all future eventualities. As a High Court case concerning...

Reasonable Provision May Not Mean What You ThinkMarch 12, 2018

When a person is excluded from the will of someone on whom they were 'dependent', the Inheritance (Provision for Family and Dependants) Act 1975 provides...

Business Tycoon’s Wife Well Served by Lawyers Who Drafted Her WillJanuary 2, 2018

A solicitor's primary duty when drafting a will is to follow faithfully their client's instructions after giving accurate and level-headed advice. In a professional negligence...

Take Care When Appointing a Non-Lawyer as Your ExecutorDecember 15, 2017

When you appoint a solicitor to be the executor of your will, you can be assured that they will understand their duties and can be...

Ignoring Advice Not Path to SuccessNovember 15, 2017

There really is little point in instructing lawyers to represent you if you do not then listen to their advice. In one case which illustrates...

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