Two daughters who reportedly referred to their father as the “chequebook” have had their claims to his estate rejected by the Court of Appeal. This brings an end to the long running dispute, Miles v Read More
Stephanie Kerr, Senior Associate of independent law firm Brabners LLP comments on the two recent occasions on which the High Court has considered the effect of the wording “I leave devise bequeath and appoint”. In 2021, Read More
The first judgment on a reasonable provision claim under s.11 of the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) has been given in the case of Sismey v Salandron. In the case the Read More
The case of Higgins v Morgan and others [2021] EWHC 2846 (Ch). is a rare example of a contested Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) claim reaching trial. It considers the requirements a Claimant Read More
Many people who bring a claim seeking an award of financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA) live in necessitous circumstances and cannot afford to pay a lawyer to provide Read More
The Inheritance Tax (Delivery of Accounts) (Excepted Estates) (Amendment) Regulations 2021 have been amended to implement previous suggestions made earlier in the year by HM Treasury’s Office for Tax Simplification to exempt more estates from Read More
Thomas Sismey v Marissa Salandron This case is the first which sees section 11 of the Inheritance Act 1975 being litigated to trial, providing significant consequences for both estate, family and insolvency law. Imogen Halstead, barrister of Read More
Arron Banks, the millionaire UKIP supporter has lost an appeal case to exempt £1 million in political donations from inheritance tax (IHT). Mr Banks challenged HMRC’s assessment that he owed just over £160,000 on almost £1 million Read More
A Court of Appeal ruling passed down today has confirmed that the “success fee” element of conditional fee agreements (CFAs) can be recovered as part of an award under the Inheritance (Provision for Family and Read More
The case of Re H (Deceased) [2020] EWHC 1134 (Fam) last year addressed the question “Should a 1975 Act claimant be entitled to recover CFA success fee uplift as part of the claim?” HHJ Cohen’s answer was Read More
The appeal in the case of Hirachand v Hirachand & Anor (“Re H”) has been eagerly awaited by those who work in the Contentious Probate field; a landmark decision in relation to the recoverability of Read More
Beneficiary that inherited a one-half beneficial interest in a house by survivorship, is ordered to return £80,000 in equity to the estate of his dead brother. In the recent High Court case of Beg v Beg, 2021 Read More
The Tolkien estate has agreed to pay £7 million to HM Revenue & Customs after a ten-year dispute over proceeds from Hollywood adaptations of Tolkien novels such as The Lord of The Rings and the Hobbit. Read More
The high court has clarified costs principles in cases where challenges to a will are abandoned mid-trial. In the recent case of Goodwin v Avison, the testator, Tom Goodwin, was a businessman and farmer who Read More
Britney Spears’ father has filed a request to a Los Angeles court to end the conservatorship that has controlled her life and finances for 13 years. The news comes following an announcement last month that Jamie Read More
A case that recently reached the High Court has highlighted risks and high costs that can be faced by firms refusing to step down as executor. In the case of WAG Davidson & Co, the Read More
A retired solicitor has been sentenced to 32 months’ imprisonment and been struck-off by the SRA for taking £275,000 from a deceased client’s estate and transferring it into his own bank account. The Lancashire-based former solicitor, Read More
A judge told a father that it was difficult to imagine a more despicable crime after the court heard that the man stole his son’s £38,000 inheritance. Daniel Caulfield, 38, from Milton in South Wales appeared Read More
A recent High Court decision in Royal Commonwealth Society for the Blind v Beasant and Davies concerning will construction disputes and a group of charities, could influence the interpretation of nil-rate band clauses going forward. Read More
The Court of Appeal has handed down judgment in the case of Baines & Anor v Dixon Coles & Gill (A firm) & Ors [2021] EWCA Civ 1211. As Senior Partner at Dixon Coles & Gill, Linda Read More
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