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Out-Of-Date Family Trust Varied to Recognise Same-Sex Spouses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

Leaving Your ISA to Your FamilyDecember 13, 2018

Individual Savings Accounts (ISAs) have many advantages over normal savings accounts – chiefly that the investment income earned on them is tax free and gains...

Deliberate Mistruths in Estate Administration Mean Court HearingOctober 14, 2018

When an estate is to be administered, an application for probate must first be made if the deceased left a will. Once probate is granted,...

Can a Will Be Valid if You Can’t Read it?September 23, 2018

One of the requirements for a will to be accepted as valid is that the person who makes it must have 'knowledge and approval' of...

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...

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