Wills Disputes

Mental capacity and making a will

How is testamentary capacity, otherwise known as the legal and mental capacity to make or alter a will, tested? While it appeared that the debate about the correct test for testamentary capacity was settled following the judgment in Clitheroe v Bond [2021]...

Undue Influence

A will sets out the wishes of a person as to what happens to their estate after their death. It is, therefore, an extremely important document. It’s a sobering fact that many of us are worth much more dead than alive, particularly with increasing...

What is a Statutory Will?

A statutory will is written on behalf of someone who lacks the capacity to write their own will and is approved by the Court of Protection.  The statutory power lies within the Mental Capacity Act 2005 (MCA 2005). It states that ‘the Court of...

Proprietary Estoppel: Guest v Guest

The law has a way of dealing with certain broken promises, the legal term for which is proprietary estoppel - see the full definition below. Typically, such claims are brought when a person has died and a promise has not been fulfilled. But in the case of...

Clitheroe v Bond update 2022: permission to appeal refused

As announced on 6 October 2022, the Court of Appeal has refused John Clitheroe permission to appeal the decisions of Mrs J Falk, made on 4 May 2021 and 28 July 2022, refusing all 4 grounds of appeal.  Banks v Goodfellow remains the test for...

Alzheimer's - why it's important to have a Lasting Power of Attorney

Alzheimer’s is a progressive disease, which sadly means there may come a time when people who have been diagnosed with Alzheimer’s are unable to manage their own personal affairs. In such circumstances, it is beneficial to have prepared a Lasting...

Duties of a trustee

A trustee is an individual who acts as a caretaker for assets held within a trust. They are responsible for managing the finances of the trust in accordance with the instructions given when the trust was originally created.  It is important that a...

Family disputes - how can you settle arguments over inheritance?

In recent years the number of people contesting wills has increased dramatically. One reason is that it is common for families today to be structured in a less traditional way. Second marriages are more common than they were in previous generations and it is...

Good news for those left out of will!

If you were financially dependent on someone who has died or are their spouse, former spouse, their child or were treated as a child of their marriage, you might have a claim under The Inheritance (Family and Dependants) Act 1975.  What is The 1975...

If I lose capacity, who will manage my affairs?

  If you lose capacity and you have not appointed an attorney under a Lasting Power of Attorney, someone can apply to the Court of Protection to be appointed as your deputy to manage your property and financial affairs.  Multiple people can...

How can I challenge someone's capacity to make a will?

People can often be surprised about the distribution of loved one’s estate and can consider contesting the will. One of the grounds for contesting a will is on the basis that the person making the will lacked the capacity to do so. Capacity to make a...

Solicitor becomes a trustee at Helen Rollason Cancer Charity

Rachel Leech, a solicitor in the Court of Protection and Inheritance Disputes Team at law firm Birkett Long, has been appointed as trustee for the Helen Rollason Cancer charity. A charity dedicated to supporting people whose lives have been touched by...

Multi millionaire parent says 'let children fend for themselves' in unusual trust dispute case

An unusual case has been lodged at the High Court Chancery Division this week by the children of multi millionaire businessman, Manny Davidson. The children, Gerald, 54, and Maxine, 56, are attempting to change the structure of their trust fund and exclude...

Cheap wills could turn out to be very expensive!

At the start of 2015 The Law Society launched its ‘Use a Professional’ campaign.  “Well, they would say that”, you might argue, but the growth of unregulated and DIY legal services means that more and more people are being...

Be careful what you promise - Court holds elderly man to promise to leave house to a relative

It may come as a surprise that assurances made to someone that they shall be left property in a Will can be binding, even though you may change your mind. In the recent case of Bradbury v Taylor and Burkinshaw, elderly widower, Bill Bradbury, asked his...

Can a 'bootiful' life turn ugly? Bernard Matthew's case highlights the importance of making intentions clear in your will

Following the death of Bernard Matthews, the famous Norwich turkey farmer, in November 2010, a dispute arose in relation to his estate which serves as a reminder to those who own property abroad to ensure that their testamentary papers clearly set out what...

Proprietary Estoppel

Succession planning is always an important consideration for any family. A recent court decision regarding inheritance planning, both on death and in relation to lifetime trusts, has put the cat among the pigeons; confirming that not only farming families,...

Will you be disinherited? A guide to the Inheritance (Provision for Family and Dependants) Act

A will can be challenged on many grounds including want of (formal) execution, the testator’s capacity (or lack of) and undue influence, but one question we are often asked is: “what can be done when someone has been ‘cut out’ of an...

Probate Disputes

Disputes concerning wills are becoming increasingly common for a variety of reasons. The increase in property prices over the last ten years means that an average person’s estate is worth more than ever before. We live in more complex family structures...