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The Legal 500 – The Clients Guide to Law Firms The Legal 500 – The Clients Guide to Law Firms

Court of Protection and Inheritance Disputes team

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Our Court of Protection & Inheritance Disputes team offers specialist advice, in a niche and complex area of law, with empathy and a focus on achieving a just outcome for our clients. The area we work in can be very time consuming and emotionally difficult for our clients, so we work alongside them to guide them through the process as efficiently and easily as we can. We are committed to the constructive resolution of disputes by mediation or negotiation wherever possible, only resorting to the courts where absolutely appropriate.


 

Managing a loved-one's affairs & those of someone with dementia

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This event was led by Claire Read, a wills, trusts and probate partner, and Amanda Smallcombe, head of contested trusts and inheritance disputes at Birkett Long.

Claire and Amanda provided tips on how to manage a loved-one's affairs when they either can not, or choose not to, any longer. Amanda talked in particular about managing the finances of someone with dementia, what happens when there is no LPA in place and statutory wills.


Visit our main event page to book a place future events, including our Wednesday Webinars

Amanda Smallcombe
    • Amanda Smallcombe

    • Partner, Head of Court of Protection & Inheritance Disputes Team
    • View profile
 

Key Duties of a Court of Protection Deputy

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The Court of Protection is responsible for making decisions on behalf of those who lack the capacity to make decisions for themselves. A deputy may be appointed to make decisions on behalf of the individual with respect to their property and financial...

Making your mind up! The court's new dim view of delays

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Birkett Long recently acted for the successful third defendant in the matter of James v Scudamore and others ((2023) EWHC 996 (Ch)). The claimant contended that the codicil to the will of his late father was invalid because it failed to comply with...

Why is the number of Inheritance Disputes growing?

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In 2019, the Financial Times reported a 47% increase in contested wills in the High Court from 2018. Some claim that this is a result of the COVID-19 pandemic. Many have suffered financial loss, and many have died because of COVID. The value of estates...

Court overturns judge's judgement on capacity to make a will

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In the case of Hughes v Pritchard, the Court of Appeal overturned the decision of the trial judge in the probate claim that Evan Richard Hughes lacked testamentary capacity to create a will in 2016. Instead, all parties would have to revert to the original...

What if a representative is not administering an estate?

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As a beneficiary under a will or the rules of Intestacy, you will almost certainly want the administration of a deceased’s estate to take place quickly and smoothly. If the deceased made a will then they will have appointed an...

Loss of inheritance due to parents not being married

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Actress Elizabeth Hurley’s 19-year-old son, Damian Hurley, will not receive any inheritance from a trust fund established by his grandfather, Peter Bing, as she was not married to his late father, Steve Bing, who died in June 2020. ...

Clitheroe v Bond - the appeal

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Banks v Goodfellow remains the test for capacity to make a will Following a two-day appeal in the High Court in the case of Clitheroe v Bond [2021] EWHC 1102 (Ch), HHJ Falks has endorsed the decisions of Walker v Badmin [2014] EWHC...

Children successful with inheritance claim

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If you have been excluded from a loved one’s will, or are a beneficiary of an estate who should have received more, you may be able to make a claim against the estate. In a recent case two children, J and H, made a claim against their father’s...

How can I make a claim under the Inheritance Act?

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People often consider a claim under the Inheritance (Provision for Family and Dependants) Act 1975 when they receive nothing, or not as much as they expected, from a loved one’s estate. What is a claim under the Inheritance (Provision for...

I should have received a larger inheritance than I did

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If you were promised larger inheritance than you actually received, you may have an estoppel claim. These claims can be successful where the deceased made a promise to someone, who then relied on that promise to their detriment, but the deceased did not...

Daughter found to have forged father's will

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Following a 9-day trial in Liverpool, His Honour Judge Hodge QC found that a daughter forged her father’s will. Donald Face, who died in 2017, had three children, Rebeca, Rowena and Richard. Donald originally lived at 18 Wray Crescent in...

Latest figures show an increase in contentious probate cases

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The latest figures released by the court show the number of contentious probate cases continue to rise. These include cases where the validity of a will is being challenged, and claims under the Inheritance (Provision for Family and Dependants) Act 1975. It...

Forfeiture rule disregarded in heartbreaking case

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Forfeiture rule disregarded in a heartbreaking case where the wife was responsible for her husband’s death The forfeiture rule means that you cannot benefit from someone’s death when you were responsible for the person dying. Most people...

Clitheroe v Bond: Birkett Long success in High Court will dispute

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In the recent contentious probate case of Clitheroe v Bond, the court overturned the validity of two wills. The Defendant, Sue, who was represented by Birkett Long, was successful in the will dispute on the ground that the Deceased lacked mental...

Proprietary estoppel: be our guest - put the farm to the test!

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The recent case of Guest v Guest is another in the long line of recent proprietary estoppel cases. To be successful with a claim for proprietary estoppel, you must show that: A promise was made You relied on that...