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...
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...
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...
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...
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...
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. ...
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...
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...
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...
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...
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...
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 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...
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...
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...