What actually is ‘reasonable financial provision’ for the purposes of the Inheritance (Provision for Family and Dependants) Act?
If someone’s will (or lack thereof) does not leave a certain class of people with reasonable financial provision, a claim may potentially be made under the Inheritance (Provision for Family and Dependants) Act 1975 (‘the Inheritance Act’). But what does ‘reasonable financial provision’ actually mean? Barrister Tom Gilchrist explores the concept, and the recent relevant […]
‘No credibility’ for will writer after court found evidence of undue influence from dementia patient’s son
A will that was made by a woman living with advanced dementia just four months before she died has been overturned by the High Court. Master Katherine McQuail declared the 2021 will of Peggy Dalton invalid due to lack of proper execution, lack of testamentary capacity, and want of knowledge and approval. The judge also […]
Conway v Conway: The risks of informal family property arrangements
Stephanie Butler and Gabriella Banham from the property litigation team at Birketts discuss the High Court’s decision in Conway v Conway, which examined the intersection between s.2. of the Law of Property (Miscellaneous Provisions) Act 1989 and the doctrine of proprietary estoppel. Family arrangements around property often begin with trust, goodwill and a shared […]
Son’s will challenge fails in ‘case which should never have been brought’
A disinherited son’s application to have his father’s will overturned due to undue influence from his partner has been rejected. Jonathan Saville Thurston (pictured) claimed a 2019 will made by his father, John Saville Thurston, which left his entire £500,000 estate to his partner Hannah Shabathai, was invalid. A 2013 will had been made in […]
Child born to foreign surrogate can be beneficiary of family trust, court rules
The High Court has ruled that a child born to a foreign surrogate mother can be added as a beneficiary of family trusts, in a case that has highlighted the challenges modern parenthood poses to old trust structures. Ceawlin Thynn, the 8th Marquess of Bath, and his wife, Marchioness Emma Thynn, wanted the court’s “blessing” […]
Private client solicitor struck off after billing for work he hadn’t done
A private client solicitor has been struck off after billing clients for wills and probate work he hadn’t done and authorising the transfer of £216,00o from a client account to pay for bills that had never been sent. Associate solicitor Nicholas Devlin admitted creating inaccurate and misleading records in excess of the time spent on […]
Sibling inheritance row exposes legal issues ‘which will become more common’
A case involving the estate of a woman who died 11 years ago without leaving a will has exposed legal issues likely to become more common, says a wealth disputes expert. Irene Chung died intestate in 2016, with her estate to be split between her three children. But son Robert Chung (pictured) claims he was […]
Law Society issues Mazur practice note
A new practice note aimed at providing guidance on how firms can ensure they are compliant with the recent Mazur decision has been published by the Law Society of England and Wales. The practice note includes advice on how firms can make sure that only those authorised to do so carry on the conduct of […]
Caveat applications up 12% year on year, fuelling rise in probate disputes
Applications for caveats increased by 12% in 2025 compared with 2024, as efforts to halt or delay the administration of estates intensify. A freedom of information request by TWM Solicitors found 11,589 caveats were placed in 2025, compared with 10,313 in 2024. The firm points to rising estate values and “complex family dynamics” as key […]
Court of Appeal overturns Mazur in ‘most consequential judgment for legal services in recent history’
The Court of Appeal has ruled in favour of the Chartered Institute of Legal Executives (CILEX) in its appeal against Mazur v Charles Russell Speechlys, which limited the extent to which legal executives and paralegals can conduct litigation. In a statement released following the ruling, CILEX chief executive Jennifer Coupland said it was “the most […]
High Court to decide whether home on aristocrat’s family estate forms part of ex-wife’s £1.2m trust
An aristocrat is engaged in a complex High Court battle to prevent trustees of his ex-wife’s £1.2 million income fund from selling a cottage on his family’s 11th century rural estate in Somerset. Sir Benjamin Slade, 7th Baronet of Maunsel, was married to Lady Pauline Slade for 12 years before their divorce in 1994. As […]
Judge awards comedian Sean Hughes’ £4m estate to Shelter after 10 year delay caused by homemade will
A judge has handed the housing and homelessness charity Shelter the £4 million fortune of comedian Sean Hughes, after almost a decade of delay caused by a homemade will. The stand up comic (pictured alongside one of his three properties) died in 2017 aged 51, leaving his £1.8 million north London home and two other […]
Christian father loses battle against cremation of son in ‘heartbreaking’ court fight
A Christian father has lost a “heartbreaking” court fight with his ex-wife over whether the body of their “free spirit” teenage son should be buried or cremated. Gabrielle Barbus, 17, took his own life last December after struggling with mental health issues, but has still not been laid to rest, after his religious father Stefan […]
Child of the family claims under the Inheritance Act: Key lessons from O’Herlihy v Taylor (2026)
A recent High Court decision provides a useful reminder for private client lawyers and wealth advisers about the potential scope of claims under the Inheritance (Provision for Family and Dependants) Act 1975, particularly in relation to individuals treated as a ‘child of the family’. Contentious trust and probate specialist John Lambe discusses the facts of […]
Reality TV star’s £5m out of time estate claim has no prospect of success, court rules
A reality TV star and personal trainer’s claim for share of a £38 million estate left by his mother’s ex-boyfriend has no prospect of success, High Court judge Deputy Master William Henderson has ruled. Lonan O’Herlihy (pictured) had claimed a £5 million share of the estate of Hugh Taylor, with whom his mother had a […]
Jersey approves assisted dying bill but awaits Royal Assent
Jersey has become the second territory of the British Isles to formally pass legislation which would enable terminally ill adults to have an assisted death, after a similar bill passed in the Isle of Man just under a year ago. After reviewing a series of amendments on Wednesday, the States Assembly, Jersey’s parliament, formally passed […]
CILEX opens submissions at Mazur appeal
The Chartered Institute of Legal Executives (CILEX) has opened submissions at the Court of Appeal in its appeal against the ruling in Mazur v Charles Russell Speechlys, which limited the extent to which legal executives and paralegals can conduct litigation. Nick Bacon KC outlined the arguments from CILEX before Master of the Rolls Sir Geoffrey […]
Fraudulent marriage and will exposed in complex estate fraud case
A court has upheld the will of a 46-year-old woman who left her £500,000 estate in trust for her teenage daughter, and rejected claims the will was replaced favour of her “abusive and toxic” partner. Chief Master Karen Shuman upheld the 2022 will of Kassy Sinar, who died in October 2023 aged 46, and rejected […]
Sister denies misappropriation of funds as High Court hears sibling will dispute
A sister at the centre of contested will has admitted overstepping her duties as power of attorney by spending her mother’s fortune on herself and her family, but denied her actions amounted to a misappropriation of funds. The will of multi-millionaire Jeanne MacDougall is being contested by her son, Gary MacDougall, who claims his sister […]
Safe Hands directors appear in court accused of conspiracy to defraud and fraud by false representation
Two directors of Safe Hands Funeral Plans have appeared in court after proceedings were launched by the Serious Fraud Office for their roles in the collapse of the firm. Richard Wells and Neil Debenham both appeared at a preliminary hearing at Westminster Magistrates court accused of suspected fraud on Thursday 5th February. Safe Hands collapsed […]