Trusts, Wills and Probate Articles

Cohabitees and Death – Who Can Claim?

When one member of a cohabiting couple dies, it can come as an unpleasant surprise to the bereaved partner to discover that not all of...

Out-Of-Date Family Trust Varied to Recognise Same-Sex Spouses

Family trusts often date back many years, and those who drafted them could not have been expected to foresee all the dramatic social changes that...

Administering Estates – Procedures and Pitfalls

A recent survey has shown that more than one in ten people who are thought to have died intestate (i.e. without leaving a will) may...

Asset Valuation Problems – Chattels

When dealing with an estate, an increasing problem for executors is the valuation of assets in the form of the chattels of the deceased. In...

Mother’s Will Overridden by Court

A surprising decision by the Court of Appeal to award a daughter who had been deliberately excluded from her mother's will a substantial settlement from...

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Trusts, Wills and Probate News

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...

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