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Court of Protection and Inheritance Disputes team
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.
Court of Protection: contested applications, gifts and other matters
This event was led by Lisa Cox, solicitor in the Court of Protection & Inheritance Disputes team at Birkett Long.
Following on from our earlier webinar on deputies, Lisa provided an overview of contested applications. Lisa also talked about other types of applications that may need to be made by a deputy or an attorney to the Court of Protection such as for authority to make gifts and family care payments.
Visit our main event page to book a place future events, including our Wednesday Webinars
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. ...
Britney Spears’s fight to end her conservatorship has intensified after she made her first public testimony to the court. The controversial conservatorship has been debated by Britney’s fans since it was first granted by the Los Angeles...
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...
In March 2021, Judge Jarman QC found that three gifts had not been made in contemplation of death in the case of Davey and another v Bailey and others. Background of the case The case concerns the estates of Alan and Margaret...
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 are a beneficiary of an estate and someone else is challenging the will or making a claim against the estate, you should seek legal advice on your position if you wish to defend the claim. This is because if their claim is successful it may have an...
You may be considering a claim against the validity of a will, but do not know what you need to establish to be successful. Here at Birkett Long we have a team of specialists who have experience in every way to challenge a will. The validity of a will...
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...
Deciding whether or not you should make a gift as an attorney or deputy is important. When appointing a deputy , the court will grant the deputy power to make small gifts to charities or to individuals, as the person who lacks capacity may be...
A deputy is a person appointed by the Court of Protection to step into the shoes of the person who lacks capacity. They then make decisions for them that are in their best interests. If someone is not able to make day-to-day decisions about their affairs...
It is common for family members and friends to provide informal care for their loved ones. This could include cooking for them, assisting with personal hygiene or providing companionship. Usually, such care is provided on an informal and infrequent...
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...
This process is not like when someone makes a Lasting Power of Attorney. Someone who applies to be appointed as a deputy for their friend or loved one must identify at least three people who may have an interest in being notified of their application. In...
The High court has upheld a decision made by the Civil Prosecution Service (CPS). The decision was not to prosecute 3 people accused of changing Reginald Atkin’s will and trying to defraud HMRC. The CPS took the decision not to prosecute...
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...
Hope for success fees in claims against estates under Inheritance (Provision for Family and Dependants) Act 1975 Claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Inheritance Act”) are usually...
The High Court has issued a warrant for an executor to be arrested. The executor failed to obey previous court orders requiring him to account for his dealings of his mother’s estate. This case should be a stark warning to executors to comply...
During the coronavirus pandemic, the Court of Protection are prioritising their workload. One type of work they are prioritising is statutory wills for people who have a very short life expectancy. What is a statutory will? ...
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...
In July 2019, the Guardianship (Missing Persons) Act 2017 finally came into force. This act has been long-awaited for families with missing loved ones. Birkett Long represented the claimant in the first claim of this kind in the Chancery Division of the...
