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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...
In the recent contentious probate case of Clitheroe v Bond, the court overturned the validity of two wills. The Defendant, who was represented by Birkett Long, was successful in the will dispute on the ground that the Deceased lacked mental capacity to make...
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 made by disappointed...
The Coronavirus outbreak has prompted many of us to think about the future. Specifically, who would help us if we lost mental capacity. When someone has the capacity, they can make a Lasting Power of Attorney. This appoints attorneys to make important...
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? These are wills...
My colleague Leah recently wrote a helpful blog about managing someone else’s financial affairs during isolation . This is one of many helpful articles online providing guidance for attorneys and deputies about how to correctly fulfil their...
Making an appointment with a contested probate lawyer is probably the last thing you want to do when you have just lost a loved one. However, there are a variety of circumstances which mean people come to us seeking advice. It can often be a daunting...
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 promise to your detriment The person who...
Currently, wills must be witnessed by two people. However, self-isolation can make this difficult, so the Government has announced that they are urgently look to change the requirements around witnessing wills. However, in the meantime, find out how you...
A Canadian court has recently upheld that instructions written on a McDonald’s napkin was a man’s last will and testament. So, could you do the same? In theory, yes you can, provided that the will is properly signed by you and two...
Actress Elizabeth Hurley’s son, Damian Hurley, has been involved in an inheritance dispute with his multi-millionaire grandfather, Peter Bing. Background Peter Bing is a very wealthy individual. In 1980, Peter set up a family Trust for the benefit...
Mr and Mrs Cowan had been in a relationship for approximately 25 years, when Mr Cowan was diagnosed with a brain tumour. In 2016, the couple decided to get married. Mr Cowan sadly passed away later that year. Mr Cowan’s estate was worth in excess of...
This week the High Court resolved an inheritance dispute arising between two step sisters that concerned answering the question of which parent died first. What happened? John Scarle, 79, and his wife Marjorie, 69, died from hypothermia at their bungalow...
The recent news of Amy Winehouse’s ex-husband trying to make a financial claim against her estate, eight years after her passing, provides a stern reminder about the importance of making a will. In 2011, Amy Winehouse died without making a will....
I was saddened to read last month that there is doubt as to whether George Michael had sufficient capacity to make his last will. He made the will in 2013, and it has been called into question on the basis of his possible consumption of drugs and alcohol....
A will made in a Wetherspoons pub, by a man leaving his estate to his taxi driver, has been declared invalid. Gary Mendez, 57, agreed to leave everything to his taxi driver, Dean Hughes. He made the will in his local Wetherspoons pub, over a pint, months...
Step-sisters, Anna Winter and Deborah Cutler have gone to the High Court to fight over their potential inheritance after elderly parents, John Scarle and Ann Scarle died from hypothermia at their home in Leigh-on-Sea. John and Ann died without leaving a...
When you are disputing a loved one’s inheritance, emotions will often run high. However, it is rare that someone will take such drastic steps as to murder a sibling. Last week, Richard Martin was convicted of his brother’s murder and was...
There has been a recent rise in the number of inheritance disputes being heard in court. One of the main reasons for this is due to DIY wills. They may seem like an attractive alternative to instructing a solicitor, but, more often than not, they cause...
My previous blog, “Aretha Franklin dies without making a will ”, concluded that Aretha’s family were left with the uncertainty of not knowing how her estate would be divided, as they believed that the soul singer had not left a will. ...
Research from Direct Line suggests that 1 in 4 people would challenge a will if they did not get what they think is fair. These figures are not surprising given there has been an increasing number of claims in the High Court over a deceased’s estate....
Avicii, the Swedish international DJ, died in April 2018 after taking his own life. Legal documents have now been made public by the Swedish Tax Agency, which state his parents, Klas Bergling and Anki Liden, are set to inherit his estate worth an estimated...
Royal London has released new statistics stating that 59% of parents either do not have a will or have one that is out of date. When someone dies without a valid will, the intestacy rules are followed, which sets out who will inherit your estate. However,...
Last month, the High Court of New Zealand held a will scrawled on the back of a postcard to be valid. Kathleen Steiner, a New Zealand millionaire, died aged 59, leaving an estate of circa $2.5 million. Steiner did not formally prepare a will and...
A recent case highlights the vulnerable position when cohabitees unexpectedly survive their partners. Background Sarah Campbell died unexpectedly in 2015 when she was flying to the Canary Islands. Sarah left a valid will and named her son, James...
Psychiatrist forged patient’s will to inherit her £1.3 Million estate A NHS psychiatrist, Dr Alemi, has been found guilty of fraud and sentenced to 5 years in prison after exploiting her 84 year old patient, Mrs Belham. Mrs Belham was...
The Mirror listed an over 55’s dream bucket list and quite a lot of the list involves either finding love, lust or divorce. These are very personal things that can have a huge impact on one’s life and needs careful planning all round to ensure...
Soul singer, Aretha Franklin, died last month aged 76 without making a will, despite being worth millions. As her family move on from her funeral, they are left with the uncertainty of not knowing how her estate will be divided. Aretha’s attorney,...
A recent case highlights the importance of keeping your will up to date after two minor children had to make a claim against their father’s estate for financial provision. However, despite the estate being worth £3.5 million, the court only...
A new report from Sanlan UK has revealed 64% of 25-45 year olds expect to receive an inheritance from their parents and grandparents. The report predicted that millennials are expected to inherit £1.2 trillion in the next 30 years! The CEO,...
A High Court Judge has ruled a deathbed will invalid and has stripped a man’s carer from her inheritance. Donna Henderson has been accused of “guiding the hand” of the retired banker and millionaire, Marcel...
A recent court case involved brothers arguing over their role as executors of their mother’s estate as one claimed he should be entitled to a larger share than the others due to the care he provided for their mother whilst the others ‘left him...
You can appoint attorneys to manage your property and financial affairs if you lose capacity, or to assist you whilst you have capacity. When making a Lasting Power of Attorney you are referred to as the donor and, typically, it would be family member or...
US astronaut, Buzz Aldrin, is suing two of his children and his former business manager for mismanaging his finances after they alleged that he is suffering from dementia and Alzheimer’s disease. Buzz alleges that the trio has misused his credit...
Only a few weeks ago, the Law Gazette highlighted the importance of seeking professional legal advice when drafting a will, to ensure that a person’s wishes are truly reflected and the correct procedures are carried out. With today’s online...
Millionaire, Wynford Hodge died aged 94 last year, leaving nothing to his long-term partner Joan Thompson, aged 79, who he had been cohabiting with for 42 years leading up to his death. Wynford had an estate worth more than £1.5 million when he died...
It was announced recently that Charlie Gilmour, adopted son of Pink Floyd’s guitarist, David Gilmour, has been left out of his natural father, Heathcote Williams’, will. Heathcote Williams, who died last year aged 75, changed his will in...
These days in the farming world, I wonder if I’ll read anything other than proprietary estoppel claims being brought against the farm. In the latest case, the High Court has granted the daughter of a Yeovil farmer a substantial cash payment in...
Last week the case of Nield-Moir v Freeman grabbed headlines in both the popular and legal press because, for the first time, a High Court Judge has directed a woman, Lorraine Freeman, to undergo a DNA test to establish if she is, in fact, the daughter of...
Je Te Promets – I promise you, or so said Johnny Hallyday in his famous 1986 song. Now, though, it appears his promises don’t count for a lot for his son and daughter, David Hallyday and Laura Smet, whom he disinherited in favour of his fourth...
A recent court case highlights just how bitter family disputes over inheritance can become. Carole Taylor, lived with James Redmond for 7 years before he passed away. James made a will 20 years before he died leaving his £900,000 estate to his...
The late wife of Lord Lucan left her entire £575,626 estate to the homeless charity Shelter, leaving nothing to her three children whom she had not spoken to for more than 35 years. Lady Lucan went so far as to explicitly exclude the children,...
Paul Coppola of Edinburgh, Scotland was sentenced to two years in prison for forging the will of his late cousin, Desiderio Coppola, days before his death in 2011. Desiderio Coppola made a will in 2010 leaving specific gifts to family and...
Last year I wrote an article about the contested estate of Farmer Roger Moore, who had dementia, and the claim his son made in respect of proprietary estoppel (in this case, a promise that “all of this will be yours one day”). Mr Moore’s...
It has been announced in the news recently that David Cassidy, who recently passed away aged 67, has specifically excluded his daughter, Katherine Cassidy, from his will. David’s will states ‘it is my specific intent not to provide any benefits...
Results from the Office for National Statistics show that there are currently 3.3 million cohabiting couples in the UK. This is a dramatic increase from the 1.5 million people cohabiting in 1996, but while this popular flexible living arrangement is on the...
ITV’s Tonight programme aired last night, highlighting the growing problem of elderly financial abuse. Statistics quoted are that, in the last three years, there have been 90,000 cases of elderly financial abuse crimes reported to the Police. Most...
If you are considering disputing a will and are concerned about the circumstances in which a will was prepared, you may want to raise questions with the solicitor who prepared it. Usually, the solicitor would not be able to disclose any information, as to do...
Enter a caveat to stop the probate process If you are concerned about the validity of a will, one of the most important things you can do is enter a caveat. A caveat is a short document which you send to the Probate Registry, and stop a grant of probate...
As discussed in my previous blog post, ‘Ways to challenge a will’ , one of the circumstances in which a will may be contested is if the testator (the person making the will) lacked knowledge and approval of its contents. When a will is...
In order for a will to be valid, it must comply with the formalities laid out under s.9 of the Wills Act 1837. These conditions include that it must be in writing, signed by the testator or on their behalf in their presence by their direction, it must appear...
Challenging wills is becoming increasingly common, but what are the grounds for doing so? The main grounds for challenging a will are: The will did not comply with the necessary formalities; Lack of knowledge and approval of the contents of the will; ...
In a surprising judgment, the Court of Appeal has recently ruled that it would be fair to share the inheritance of one spouse but not the other. After a 14 year marriage and three children (the eldest of whom was sadly disabled), Mr Radwan and Ms...
This month the Brisbane Supreme Court in Australia has held the wording of a draft unsent text message on a deceased’s phone as valid and as an official will. The text message indicated who the deceased wanted his possessions to be left to, how to...
If you have recently lost someone and feel that the provision left for you in their estate was not enough to meet your needs, the Inheritance (Provision for Family and Dependants) Act 1975 may provide you with an avenue of redress, however, you must be...
To the annoyance of many beneficiaries, executors are not bound to distribute the estate of the deceased before the expiry of one year from the death; this is commonly known as “the executor’s year”. Despite its name, it applies to...
Mirror wills, quite simply, are two separate wills which reflect each other’s terms. However, each person remains free to change their will without recourse to the other. Commonly, a couple making mirror wills would leave everything to each other and,...
This morning the head of our private client department at Birkett Long, Claire Read, spoke on BBC Essex radio about inheritance issues that can arise due to second marriages. Claire was joined on the show by Mr Herd, who recently lost his...
Four charities are disputing the validity of Tracey Leaning’s will. Tracey left everything to her partner, on the proviso he took care of her three beloved dogs. Tracey originally made a will in 2007 leaving her £340,000 estate to the Dogs...
It is not uncommon for disputes to arise between families when someone passes away. These disputes can be over inheritance, what happens to certain items and even the burial and funeral. Often people leave instructions in their will regarding their...
In the UK we have what is called testamentary freedom. This means we can leave our money and estate to whomever we wish (most European countries don’t allow this and a proportion (if not all) pass in accordance with set rules and pass to blood...
Having recently joined the Court of Protection and Inheritance Disputes team and being involved in deputyship applications for those living with dementia, I was interested to read a recent study presented at the Alzheimer’s Association International...
In an unusual case, the Court of Appeal has recently clarified some of the circumstances in which living in a property might give the occupier a financial interest in the value of it, despite the title deeds being in the names of other family members. ...
According to the Institute of Fiscal Studies inheritance is likely to have a more important role in determining the future wealth of a child. The report published last week found that elderly people now have a larger estate to leave to their loved ones than...
Last night’s special episode of Emmerdale showed us the world through the eyes of a dementia sufferer. Since the start of the year viewers have witnessed the heart-breaking decline in capacity of former Vicar Ashley, after being diagnosed with...
The Telegraph reported last week about a case in the High Court where a widow is defending a claim that she had undue influence over her husband when he made his will. Top financer Richard Thornton’s will left half of his money, estimated to be over...
The dispute over the will of the late Sir George Martin dubbed the “Fifth Beatle” reignited in the press on Wednesday following his daughter’s comments on breakfast show “This Morning”. Alexis Stratford branded her late...
The late magician, Paul Daniels, appeared in the headlines again this week as his widow Debbie McGee was branded “a jumped-up dancer with no talent” and a “witch” by his son. Mr Daniels, who tragically passed away less than a...
The Inheritance (Provision for Family and Dependants) Act 1975 hit the headlines again last week as Judge David Halpern QC in his judgement told Danielle Ames to “get a job” and ordered her to pay £35,000 in legal costs to her...
There was a very interesting article in the Telegraph last week where a mother tried to take advantage of her husbands Alzheimer’s to disinherit her son from the family farm, which totalled in the region of £10 Million. The reason why this is...
"A standout name in Essex" quoted by Legal 500 2016 for Birkett Long! This year has been a great success for Birkett Long, 3 of our partners have again been ranked as "Leading Individuals". These are Claire Read, Head of Wills, Trusts...
As the controversial Ilot v Mitson goes to the Supreme Court, another adult child claim under The Inheritance (Provision for Families and Dependants) Act 1975 has hit the headlines. Danielle Ames is asking a judge to overturn her late father’s...
It has been reported today in a leading case heard in the England and Wales High Court, that despite having dementia, an individual can still make a valid will. When someone is making a will, a lawyer must ensure that they have the mental capacity to do...
Those who regularly read our blogs will be aware that cohabitees do not have the same rights as married couples and civil partners. For example, as a cohabitee you have no automatic right to your partner’s property or to any part of their estate...
Sanitation, central heating and the City of York. The Romans brought a lot to Britain and they also left their mark on our legal system. One little known doctrine, Donatio Mortis Causa, was first introduced by the Romans and has been re-evaluated by the...
I have recently seen a piece on the BBC news website featuring a discussion about the rising number of will disputes ( http://www.bbc.co.uk/news/uk-34462706 ). This trend is certainly evident in my own experience and is one reason that we recently brought...
The Court of Protection has ordered that an independent solicitor take over the management of the affairs of a lady with dementia after her relatives allegedly sold her belongings on Facebook and at car boot sales. The woman who is in her 80s moved into a...
Hot on the heels of the very significant and widely reported decision in the case of Ilott v Mitson[2015] EWCA Civ 797 ( see case here ) comes another interesting case concerning an application under the Inheritance (Provision for Family and Dependants) Act...
The well known Illot case is back in the news this morning – 11 years after the deceased died! Back in 2002, a mother left her only daughter out of her will making it crystal clear she didn't want her estranged daughter Heather to benefit...
Disputes between siblings can be bitter as illustrated by the case involving brother and sister Ian Rigby and Janice Wilby which has been reported in the local press this week. (click here for the article) Mrs Wilby and Mr Rigby were appointed as...
So, a week or two after my original blog (read here) on the dangers of D.I.Y wills went live, I saw that the Daily Mail is running a front-page promotion entitled “FREE TOMORROW – D.I.Y WILL KIT WORTH £9.99”. This is highly...
I have been surprised recently by the number of people that are separated but for one reason or another have not formally dissolved their marriage. Whilst there are many reasons why a couple who have separated may not divorce, changes to the intestacy laws...
The answer may just surprise you. Having recently started my seat in the Wills, Trusts and Probate Team, I was surprised to learn that a will can be challenged in a number of circumstances and I was keen to understand how a court can legitimately overturn a...
Well, if the thing you bought is a music download you probably don’t. Instead, you will have purchased a license to play the track or album and that license will have come with an extremely limited set of rights. In particular, that license is likely...
Further to Amanda Smallcombe’s article “Will you be disinherited?“ the recent case of Ilott v Mitson, the Court of Appeal overturned a decision that a deceased mother’s will could reasonably make no financial provision for her...
I was reading Claire Read’s article ( Don’t let writing your will turn into a TV drama ); Wills can certainly be a hot topic! It seems that many people don’t think about the consequences of their will after their death, especially on...
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, who was represented by Birkett Long, was successful in the will dispute on the ground that the Deceased lacked mental capacity to make...
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 made by disappointed...
The Coronavirus outbreak has prompted many of us to think about the future. Specifically, who would help us if we lost mental capacity. When someone has the capacity, they can make a Lasting Power of Attorney. This appoints attorneys to make important...
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? These are wills...
My colleague Leah recently wrote a helpful blog about managing someone else’s financial affairs during isolation . This is one of many helpful articles online providing guidance for attorneys and deputies about how to correctly fulfil their...
Making an appointment with a contested probate lawyer is probably the last thing you want to do when you have just lost a loved one. However, there are a variety of circumstances which mean people come to us seeking advice. It can often be a daunting...
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 promise to your detriment The person who...
Currently, wills must be witnessed by two people. However, self-isolation can make this difficult, so the Government has announced that they are urgently look to change the requirements around witnessing wills. However, in the meantime, find out how you...
A Canadian court has recently upheld that instructions written on a McDonald’s napkin was a man’s last will and testament. So, could you do the same? In theory, yes you can, provided that the will is properly signed by you and two...
Actress Elizabeth Hurley’s son, Damian Hurley, has been involved in an inheritance dispute with his multi-millionaire grandfather, Peter Bing. Background Peter Bing is a very wealthy individual. In 1980, Peter set up a family Trust for the benefit...
Mr and Mrs Cowan had been in a relationship for approximately 25 years, when Mr Cowan was diagnosed with a brain tumour. In 2016, the couple decided to get married. Mr Cowan sadly passed away later that year. Mr Cowan’s estate was worth in excess of...
This week the High Court resolved an inheritance dispute arising between two step sisters that concerned answering the question of which parent died first. What happened? John Scarle, 79, and his wife Marjorie, 69, died from hypothermia at their bungalow...
The recent news of Amy Winehouse’s ex-husband trying to make a financial claim against her estate, eight years after her passing, provides a stern reminder about the importance of making a will. In 2011, Amy Winehouse died without making a will....
I was saddened to read last month that there is doubt as to whether George Michael had sufficient capacity to make his last will. He made the will in 2013, and it has been called into question on the basis of his possible consumption of drugs and alcohol....
A will made in a Wetherspoons pub, by a man leaving his estate to his taxi driver, has been declared invalid. Gary Mendez, 57, agreed to leave everything to his taxi driver, Dean Hughes. He made the will in his local Wetherspoons pub, over a pint, months...
Step-sisters, Anna Winter and Deborah Cutler have gone to the High Court to fight over their potential inheritance after elderly parents, John Scarle and Ann Scarle died from hypothermia at their home in Leigh-on-Sea. John and Ann died without leaving a...
When you are disputing a loved one’s inheritance, emotions will often run high. However, it is rare that someone will take such drastic steps as to murder a sibling. Last week, Richard Martin was convicted of his brother’s murder and was...
There has been a recent rise in the number of inheritance disputes being heard in court. One of the main reasons for this is due to DIY wills. They may seem like an attractive alternative to instructing a solicitor, but, more often than not, they cause...
My previous blog, “Aretha Franklin dies without making a will ”, concluded that Aretha’s family were left with the uncertainty of not knowing how her estate would be divided, as they believed that the soul singer had not left a will. ...
Research from Direct Line suggests that 1 in 4 people would challenge a will if they did not get what they think is fair. These figures are not surprising given there has been an increasing number of claims in the High Court over a deceased’s estate....
Avicii, the Swedish international DJ, died in April 2018 after taking his own life. Legal documents have now been made public by the Swedish Tax Agency, which state his parents, Klas Bergling and Anki Liden, are set to inherit his estate worth an estimated...
Royal London has released new statistics stating that 59% of parents either do not have a will or have one that is out of date. When someone dies without a valid will, the intestacy rules are followed, which sets out who will inherit your estate. However,...
Last month, the High Court of New Zealand held a will scrawled on the back of a postcard to be valid. Kathleen Steiner, a New Zealand millionaire, died aged 59, leaving an estate of circa $2.5 million. Steiner did not formally prepare a will and...
A recent case highlights the vulnerable position when cohabitees unexpectedly survive their partners. Background Sarah Campbell died unexpectedly in 2015 when she was flying to the Canary Islands. Sarah left a valid will and named her son, James...
Psychiatrist forged patient’s will to inherit her £1.3 Million estate A NHS psychiatrist, Dr Alemi, has been found guilty of fraud and sentenced to 5 years in prison after exploiting her 84 year old patient, Mrs Belham. Mrs Belham was...
The Mirror listed an over 55’s dream bucket list and quite a lot of the list involves either finding love, lust or divorce. These are very personal things that can have a huge impact on one’s life and needs careful planning all round to ensure...
Soul singer, Aretha Franklin, died last month aged 76 without making a will, despite being worth millions. As her family move on from her funeral, they are left with the uncertainty of not knowing how her estate will be divided. Aretha’s attorney,...
A recent case highlights the importance of keeping your will up to date after two minor children had to make a claim against their father’s estate for financial provision. However, despite the estate being worth £3.5 million, the court only...
A new report from Sanlan UK has revealed 64% of 25-45 year olds expect to receive an inheritance from their parents and grandparents. The report predicted that millennials are expected to inherit £1.2 trillion in the next 30 years! The CEO,...
A High Court Judge has ruled a deathbed will invalid and has stripped a man’s carer from her inheritance. Donna Henderson has been accused of “guiding the hand” of the retired banker and millionaire, Marcel...
A recent court case involved brothers arguing over their role as executors of their mother’s estate as one claimed he should be entitled to a larger share than the others due to the care he provided for their mother whilst the others ‘left him...
You can appoint attorneys to manage your property and financial affairs if you lose capacity, or to assist you whilst you have capacity. When making a Lasting Power of Attorney you are referred to as the donor and, typically, it would be family member or...
US astronaut, Buzz Aldrin, is suing two of his children and his former business manager for mismanaging his finances after they alleged that he is suffering from dementia and Alzheimer’s disease. Buzz alleges that the trio has misused his credit...
Only a few weeks ago, the Law Gazette highlighted the importance of seeking professional legal advice when drafting a will, to ensure that a person’s wishes are truly reflected and the correct procedures are carried out. With today’s online...
Millionaire, Wynford Hodge died aged 94 last year, leaving nothing to his long-term partner Joan Thompson, aged 79, who he had been cohabiting with for 42 years leading up to his death. Wynford had an estate worth more than £1.5 million when he died...
It was announced recently that Charlie Gilmour, adopted son of Pink Floyd’s guitarist, David Gilmour, has been left out of his natural father, Heathcote Williams’, will. Heathcote Williams, who died last year aged 75, changed his will in...
These days in the farming world, I wonder if I’ll read anything other than proprietary estoppel claims being brought against the farm. In the latest case, the High Court has granted the daughter of a Yeovil farmer a substantial cash payment in...
Last week the case of Nield-Moir v Freeman grabbed headlines in both the popular and legal press because, for the first time, a High Court Judge has directed a woman, Lorraine Freeman, to undergo a DNA test to establish if she is, in fact, the daughter of...
Je Te Promets – I promise you, or so said Johnny Hallyday in his famous 1986 song. Now, though, it appears his promises don’t count for a lot for his son and daughter, David Hallyday and Laura Smet, whom he disinherited in favour of his fourth...
A recent court case highlights just how bitter family disputes over inheritance can become. Carole Taylor, lived with James Redmond for 7 years before he passed away. James made a will 20 years before he died leaving his £900,000 estate to his...
The late wife of Lord Lucan left her entire £575,626 estate to the homeless charity Shelter, leaving nothing to her three children whom she had not spoken to for more than 35 years. Lady Lucan went so far as to explicitly exclude the children,...
Paul Coppola of Edinburgh, Scotland was sentenced to two years in prison for forging the will of his late cousin, Desiderio Coppola, days before his death in 2011. Desiderio Coppola made a will in 2010 leaving specific gifts to family and...
Last year I wrote an article about the contested estate of Farmer Roger Moore, who had dementia, and the claim his son made in respect of proprietary estoppel (in this case, a promise that “all of this will be yours one day”). Mr Moore’s...
It has been announced in the news recently that David Cassidy, who recently passed away aged 67, has specifically excluded his daughter, Katherine Cassidy, from his will. David’s will states ‘it is my specific intent not to provide any benefits...
Results from the Office for National Statistics show that there are currently 3.3 million cohabiting couples in the UK. This is a dramatic increase from the 1.5 million people cohabiting in 1996, but while this popular flexible living arrangement is on the...
ITV’s Tonight programme aired last night, highlighting the growing problem of elderly financial abuse. Statistics quoted are that, in the last three years, there have been 90,000 cases of elderly financial abuse crimes reported to the Police. Most...
If you are considering disputing a will and are concerned about the circumstances in which a will was prepared, you may want to raise questions with the solicitor who prepared it. Usually, the solicitor would not be able to disclose any information, as to do...
Enter a caveat to stop the probate process If you are concerned about the validity of a will, one of the most important things you can do is enter a caveat. A caveat is a short document which you send to the Probate Registry, and stop a grant of probate...
As discussed in my previous blog post, ‘Ways to challenge a will’ , one of the circumstances in which a will may be contested is if the testator (the person making the will) lacked knowledge and approval of its contents. When a will is...
In order for a will to be valid, it must comply with the formalities laid out under s.9 of the Wills Act 1837. These conditions include that it must be in writing, signed by the testator or on their behalf in their presence by their direction, it must appear...
Challenging wills is becoming increasingly common, but what are the grounds for doing so? The main grounds for challenging a will are: The will did not comply with the necessary formalities; Lack of knowledge and approval of the contents of the will; ...
In a surprising judgment, the Court of Appeal has recently ruled that it would be fair to share the inheritance of one spouse but not the other. After a 14 year marriage and three children (the eldest of whom was sadly disabled), Mr Radwan and Ms...
This month the Brisbane Supreme Court in Australia has held the wording of a draft unsent text message on a deceased’s phone as valid and as an official will. The text message indicated who the deceased wanted his possessions to be left to, how to...
If you have recently lost someone and feel that the provision left for you in their estate was not enough to meet your needs, the Inheritance (Provision for Family and Dependants) Act 1975 may provide you with an avenue of redress, however, you must be...
To the annoyance of many beneficiaries, executors are not bound to distribute the estate of the deceased before the expiry of one year from the death; this is commonly known as “the executor’s year”. Despite its name, it applies to...
Mirror wills, quite simply, are two separate wills which reflect each other’s terms. However, each person remains free to change their will without recourse to the other. Commonly, a couple making mirror wills would leave everything to each other and,...
This morning the head of our private client department at Birkett Long, Claire Read, spoke on BBC Essex radio about inheritance issues that can arise due to second marriages. Claire was joined on the show by Mr Herd, who recently lost his...
Four charities are disputing the validity of Tracey Leaning’s will. Tracey left everything to her partner, on the proviso he took care of her three beloved dogs. Tracey originally made a will in 2007 leaving her £340,000 estate to the Dogs...
It is not uncommon for disputes to arise between families when someone passes away. These disputes can be over inheritance, what happens to certain items and even the burial and funeral. Often people leave instructions in their will regarding their...
In the UK we have what is called testamentary freedom. This means we can leave our money and estate to whomever we wish (most European countries don’t allow this and a proportion (if not all) pass in accordance with set rules and pass to blood...
Having recently joined the Court of Protection and Inheritance Disputes team and being involved in deputyship applications for those living with dementia, I was interested to read a recent study presented at the Alzheimer’s Association International...
In an unusual case, the Court of Appeal has recently clarified some of the circumstances in which living in a property might give the occupier a financial interest in the value of it, despite the title deeds being in the names of other family members. ...
According to the Institute of Fiscal Studies inheritance is likely to have a more important role in determining the future wealth of a child. The report published last week found that elderly people now have a larger estate to leave to their loved ones than...
Last night’s special episode of Emmerdale showed us the world through the eyes of a dementia sufferer. Since the start of the year viewers have witnessed the heart-breaking decline in capacity of former Vicar Ashley, after being diagnosed with...
The Telegraph reported last week about a case in the High Court where a widow is defending a claim that she had undue influence over her husband when he made his will. Top financer Richard Thornton’s will left half of his money, estimated to be over...
The dispute over the will of the late Sir George Martin dubbed the “Fifth Beatle” reignited in the press on Wednesday following his daughter’s comments on breakfast show “This Morning”. Alexis Stratford branded her late...
The late magician, Paul Daniels, appeared in the headlines again this week as his widow Debbie McGee was branded “a jumped-up dancer with no talent” and a “witch” by his son. Mr Daniels, who tragically passed away less than a...
The Inheritance (Provision for Family and Dependants) Act 1975 hit the headlines again last week as Judge David Halpern QC in his judgement told Danielle Ames to “get a job” and ordered her to pay £35,000 in legal costs to her...
There was a very interesting article in the Telegraph last week where a mother tried to take advantage of her husbands Alzheimer’s to disinherit her son from the family farm, which totalled in the region of £10 Million. The reason why this is...
"A standout name in Essex" quoted by Legal 500 2016 for Birkett Long! This year has been a great success for Birkett Long, 3 of our partners have again been ranked as "Leading Individuals". These are Claire Read, Head of Wills, Trusts...
As the controversial Ilot v Mitson goes to the Supreme Court, another adult child claim under The Inheritance (Provision for Families and Dependants) Act 1975 has hit the headlines. Danielle Ames is asking a judge to overturn her late father’s...
It has been reported today in a leading case heard in the England and Wales High Court, that despite having dementia, an individual can still make a valid will. When someone is making a will, a lawyer must ensure that they have the mental capacity to do...
Those who regularly read our blogs will be aware that cohabitees do not have the same rights as married couples and civil partners. For example, as a cohabitee you have no automatic right to your partner’s property or to any part of their estate...
Sanitation, central heating and the City of York. The Romans brought a lot to Britain and they also left their mark on our legal system. One little known doctrine, Donatio Mortis Causa, was first introduced by the Romans and has been re-evaluated by the...
I have recently seen a piece on the BBC news website featuring a discussion about the rising number of will disputes ( http://www.bbc.co.uk/news/uk-34462706 ). This trend is certainly evident in my own experience and is one reason that we recently brought...
The Court of Protection has ordered that an independent solicitor take over the management of the affairs of a lady with dementia after her relatives allegedly sold her belongings on Facebook and at car boot sales. The woman who is in her 80s moved into a...
Hot on the heels of the very significant and widely reported decision in the case of Ilott v Mitson[2015] EWCA Civ 797 ( see case here ) comes another interesting case concerning an application under the Inheritance (Provision for Family and Dependants) Act...
The well known Illot case is back in the news this morning – 11 years after the deceased died! Back in 2002, a mother left her only daughter out of her will making it crystal clear she didn't want her estranged daughter Heather to benefit...
Disputes between siblings can be bitter as illustrated by the case involving brother and sister Ian Rigby and Janice Wilby which has been reported in the local press this week. (click here for the article) Mrs Wilby and Mr Rigby were appointed as...
So, a week or two after my original blog (read here) on the dangers of D.I.Y wills went live, I saw that the Daily Mail is running a front-page promotion entitled “FREE TOMORROW – D.I.Y WILL KIT WORTH £9.99”. This is highly...
I have been surprised recently by the number of people that are separated but for one reason or another have not formally dissolved their marriage. Whilst there are many reasons why a couple who have separated may not divorce, changes to the intestacy laws...
The answer may just surprise you. Having recently started my seat in the Wills, Trusts and Probate Team, I was surprised to learn that a will can be challenged in a number of circumstances and I was keen to understand how a court can legitimately overturn a...
Well, if the thing you bought is a music download you probably don’t. Instead, you will have purchased a license to play the track or album and that license will have come with an extremely limited set of rights. In particular, that license is likely...
Further to Amanda Smallcombe’s article “Will you be disinherited?“ the recent case of Ilott v Mitson, the Court of Appeal overturned a decision that a deceased mother’s will could reasonably make no financial provision for her...
I was reading Claire Read’s article ( Don’t let writing your will turn into a TV drama ); Wills can certainly be a hot topic! It seems that many people don’t think about the consequences of their will after their death, especially on...
