Trust/Estate Disputes

Creditor of estate beneficiary unable to bring a probate claim

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Written by Philip Youdan

In a recent High Court case it was held that the creditor of an estate beneficiary was not able bring a probate claim against a deceased’s estate.

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Changes to the law of intestacy come into effect

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Written by Philip Youdan

The Inheritance and Trustees’ Powers Act 2014, which came into force on 1 October 2014, has brought about a number of changes to the law of intestacy (where individuals die without leaving a Will).

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Reforming the law of Wills

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Written by Philip Youdan

The Law Commission announced last month that it is planning major changes to the law of wills. The review aims to look at the current test for testamentary capacity (i.e. a person’s mental capacity for making a will), the formalities required to make a will, how wills can be rectified after they have been finalised and mutual wills.

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Circumstantial evidence and undue influence

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Written by Katie Mundy

Schrader v Schrader1 (decided in March last year) looked principally at the issues of capacity, lack of knowledge and approval and undue influence in respect of a challenge to the validity of a Will. Interestingly, circumstantial evidence was considered important when deciding whether undue influence had been asserted.

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Will dispute: unconscionable transactions/undue influence

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Written by Katie Mundy

In this case1, blood relatives brought a claim against the farming family who benefitted from the deceased’s estate but who were also closer to the testator than his blood relatives.

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Hart v Burbidge: will dispute - undue influence

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Written by Katie Mundy

The size, extent and effect of life time gifts are considered by the court where a challenge is raised against those gifts based on undue influence. 

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Gift made in contemplation of death

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Written by Katie Mundy

Donation mortis causa - when is a gift of property made by a donor in contemplation of their death within the near future and what does in the "near future" mean?

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Effect of conduct on Part 36 offers

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Written by Katie Mundy

When is conduct taken into account when considering the impact of Part 36 offers?

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Day v Harris [2013] EWCA Civ 191: gifts and enduring powers of attorney

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Written by Katie Mundy

This appeal case considers Enduring Powers of Attorney, gifts, joint accounts and the ownership of music manuscripts. Specifically, it considers the meaning of the words ‘to share and keep or sell if you like’. 

Read more: Day v Harris [2013] EWCA Civ 191: gifts and enduring powers of attorney

 

Removal of executors prior to issue of probate

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Written by Katie Mundy

At last, some clarification on the use of section 50 of the Administration of Justice Act 1985 to seek the removal of executors prior to issue of a grant of probate.

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Will dispute: effect of claimant's bankruptcy

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Written by Katie Mundy


What does the effect of bankruptcy have on an individual who later wishes to pursue a potential interest in a property?

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Guidance on Statutory Wills

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Written by Katie Mundy

What does the Court of Protection take into account when granting authority to a deputy to execute a statutory Will?

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Case Summary: Kloosman v Aylen: duplicate bequests

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Written by Katie Mundy

In this case a terminally ill man made significant life time gifts to his daughters which duplicated bequests made for them in his existing Will. 

Read more: Case Summary: Kloosman v Aylen: duplicate bequests

   

Ashwin Joshi and 5 Ors v Dhanlaxmi Kirit Kumar Mahida [2013] EWHC 486 (Ch): rectification of a Will

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Written by Katie Mundy

In this case the court ordered the rectification of a Will under the Administration of Justice Act 1982 section 20 (1) (a) as there had been a clerical error in its drafting. 

Read more: Ashwin Joshi and 5 Ors v Dhanlaxmi Kirit Kumar Mahida [2013] EWHC 486 (Ch): rectification of a Will

   

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