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Out-Of-Date Family Trust Varied to Recognise Same-Sex Spouses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

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Will Wishes Rescinded by CourtJune 28, 2018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...

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