Probate fraud allegations emerge in £27.8m estate dispute
The High Court has received allegations of probate fraud in proceedings between the children of motor racing legend Sir Stirling Moss over the £27.8 million estate of his widow, Lady Susie Moss, who died in 2023 (the couple pictured in 2015). The dispute involves Sir Stirling’s daughter from his second marriage, Allison Bradley, and his […]
Coins, promises and breast implants: What counts as ‘something more’ in adult child inheritance claims?
A run of recent cases has seen adult children increasingly succeed in inheritance claims under the Inheritance (Provision for Family and Dependants) Act 1975. From commemorative coins to cosmetic surgery and family estrangement, Vlad Macdonald-Munteanu, contentious trusts and probate partner at Aaron & Partners, examines what courts now consider to be “something more” when deciding […]
Execution and capacity remain ‘central battlegrounds in contentious probate’ following successful challenge
The will of a father who effectively disinherited two of his three children has successfully been challenged in court, after the circumstances surrounding its drafting and witnessing were considered “highly suspicious”. Laxmikant Patel died in October 2021, leaving an estate of around £600,000. Previous wills written in 2018 and 2019 split the inheritance roughly three […]
High Court settles will dispute and finds testamentary capacity lacking due to insane delusions
Willans partner Claire Cox explains the significance of Ginger v Mickleburgh, a long-running case that clarifies the law on testamentary capacity and mental illness, and provides important guidance for families and legal practitioners. In Ginger v Mickleburgh, the High Court considered a long‑running family dispute involving the will of Michael Gwilliam of the Forest of Dean, […]
Executors removed after ‘seriously unreasonable behaviour’ amounted to misconduct
Two executors have been removed and ordered to pay costs after the High Court found that lengthy delays in the administration of an estate amounted to misconduct and seriously unreasonable behaviour. Anne Elizabeth Helme and Daniel Jones must also pay the costs of the litigation brought by beneficiaries. Sitting at Bristol’s Business and Property Courts, […]
‘Unreasonable’ trustees ordered to pay tribunal costs in ‘pointless’ land battle
The behaviour of beneficial owners of land held on trust for a family member was “so unreasonable that it should have costs consequences” in a “pointless” battle over an application for registration of title to land by adverse possession, a court has ruled. Respondents Nicola Jane Glanville and Lady Eileen Audrey Blount were ordered to […]
High Court test case rules WhatsApp messages are not legal signatures in transfer of property
A High Court judge in a test case involving a dispute over the ownership of property belonging to a former husband and wife has ruled WhatsApp messages are not legally binding signatures in the transfer of property. In Maxine Reid-Roberts & Anor v Hsiao Mei-Lin & Anor, Mr Justice Cawson did not consider WhatsApp messages […]
Sister admits exceeding authority under PoA, as brother fights for share of mother’s £5m estate
A sister being sued by her brother for a share of their mother’s £5 million estate admits she exceeded her authority under power of attorney when she “plundered” her mother’s bank account, but denies doing so deliberately and claims she misunderstood what acting as power of attorney entitled her to do. Gary MacDougall (pictured) is […]
Made in Chelsea star in ‘hostile’ court fight for £5m share of estate left by mother’s ex-partner
A personal trainer who appeared on the reality TV show Made in Chelsea is involved in a “hostile” court fight for a share of a £38 million estate left by his mother’s ex-boyfriend. Lonan O’Herlihy (pictured) is claiming a £5 million share of the estate of Hugh Taylor, with whom his mother had a relationship […]
‘Intriguing comparison’ between High Court challenge to father’s estate and 2017 Supreme Court decision
A London High Court case brought by a mother fighting for a share of her millionaire father’s estate is ‘an intriguing point of comparison’ with a 2017 Supreme Court decision, Birketts LLP partner Barny Croft says. In both cases, the claimants were adult children excluded from a parent’s will, each with limited financial means, reliant […]
Removing sole beneficiary of £400,00 estate ‘was unfair but not irrational’, court finds
A court has ruled a woman was ‘unfair’ but not ‘irrational’ when she removed her great nephew as the sole beneficiary of her £400,000 estate. Judge Jane Evans-Gordon, sitting at Central London County Court, dismissed a challenge to the will of Doreen Stock, who died in 2021 aged 86, brought by her great nephew, 39-year-old […]
Latest judgment reasserts a cautious approach in the courts to overturning wills without clear and compelling evidence
The last Will of a mother who disinherited her daughter, sparking a battle between siblings, has been ruled valid after claims it was subject to undue influence. Dervishe Halil, a Cypriot who moved to London with her husband in 1952, died in 2021 leaving an estate worth c £1.1m. She had historically, through a series […]
Deed was ‘valid and binding’ as efforts to rescind fail – High Court
A High court case has provided a reminder of its interpretation of deed delivery and the limits of rescission for mistakes in the context of family arrangements over inherited property. The case arose from the estate of Brigitte Genevieve Maghoo, whose Fulham property sold for £1.765 million. Her will divided the residuary estate into three […]
‘Car boot king’ inheritance dispute ends with high court dismissal
A seven year dispute regarding the estate of so-called ‘Car Boot King’ Richard Scott has come to an end with the high court dismissing both a proprietary estoppel claim, and challenges to the validity of the final two Wills drafted by my Scott. A third claim, relating to tenancies granted to his son during the […]
Law Society publishes Mazur practice note
Following on the from the continued fallout from the landmark Mazur decision, which has raised the spectre of unqualified staff being unable to conduct litigation work, even under supervision, the Law Society has moved to publish a new practice note for litigation solicitors. Mazur considered whether a non-authorised person is entitled to conduct litigation under […]
£2.65m farm remains in the family after brothers lose High Court inheritance claim
Two brothers have been disinherited and lost their battle for a share of the family’s £2.65m farm after it was left to the owner’s daughters in order to keep it in the family. John and Steven Maile went to court after their grandmother cut them out of her inheritance and instead left the family farm […]
Adult children and the Inheritance Act: what private client lawyers need to know
Many non-contentious practitioners are surprised at how often adult children – sometimes financially independent, sometimes estranged – bring claims under the Inheritance (Provision for Family and Dependants) Act 1975. While the myth persists that adult children have no standing once a parent dies, the reality is more nuanced. This article explores how and when adult […]
“Solicitors should not be allowed to have too much skin in the game” in landmark damages-based agreement decision
A costs judge has dismissed the appeal of a firm seeking £1.6m in fees under a damages-based agreement (DBA) after the agreement did not comply with the strict rules regulating DBAs as no ‘payment out of sums recovered’ was due given the matter was challenging the validity of the Will. The case concerned costs relating […]
Intestate estate the subject of complex Caribbean kin enquiry
A court should not ‘be drawn into the trap of assuming that a person would act in a particular way because in the same period there would be a stigma attached to a child out of wedlock in England’ as a wealthy bachelor’s fortune has become the subject of an inheritance dispute spanning the Atlantic. […]
Lockdown Will voided after signatories did not have line of sight
In a contested probate case a preliminary‑issue probate hearing has voided a Will drafted during the COVID-19 pandemic because the proper signing procedures were not followed. District Judge Chloë Phillips the Will, signed during COVID, was invalid for want of due execution after finding the testatrix neither signed nor acknowledged her signature in the simultaneous presence […]