There has been a lot in the media recently about LPAs, in particular financial abuse. Most astonishingly, former Court of Protection Judge Denzil Lush said that he would never sign an LPA because it could have a “devastating effect” on family relationships but is this simply because all the cases brought before him were the … Continued
In a recent case of Marcou v Christodoulides , Mr Recorder Lawrence Cohen QC held that a Will was invalid by reason of ‘fraudulent calumny. In this case Agni Lacovou, who died in 2012, left a Will that gave her estate to one of her daughters Niki Christodoulides. Agni made the Will in those terms … Continued
The Judgement of the Supreme Court’s decision in the case of Ilott v The Blue Cross and others  UKSC 17 [also known as Ilott v Mitson] was given this morning. The decision of the Supreme Court. unanimously overturned that of the Court of Appeal which allowed an adult child to claim against the estate … Continued
The High Court has recently found in the case of Moore v Moore  EWHC 2202 Ch that a father could not change his Will so as to prevent his son receiving sole ownership of a family farm.
A recent case in the Central London County Court demonstrates the difficulties faced by adult children in claiming reasonable financial provision from the Estate of a parent.
The recent case of Lloyd v Jones and others  EWHC 1308 has provided insight into the Court’s approach when it considers a challenge to a Will based on lack of capacity. The Deceased and testatrix was Mrs Harris was held to have had capacity at the time she made her will against evidence to … Continued
In the case of Wilby v Rigby , the court held under s50 of the Administration of Estates Act 1985 that both executors of an estate were to be removed in favour of an independent administrator. The executors and parties were brother and sister, both appointed equally with equal shares in the estate.
A solicitor has been said to be negligent by a Judge and left two beneficiaries £62,500 short of their intended legacy although the dispute had already been settled.
Joy Williams lived with her partner, Norman Martin for 18 years before he died in 2012 without leaving a Will. This week, the Court ruled that Ms Williams may keep his share of the house which legally would have passed to his estranged wife.
It is fundamentally important to establish the correct time limit at the outset of any claim. There are a number of possible time limits in probate and inheritance claims, which will all depend upon the individual circumstances of each case. Contesting a will can be tricky, there are a number of different avenues to potentially … Continued