Category: Legal Cases

Getting into the nettles of restricted gifts

This insight was written by Anna Morris, Solicitor at Lime Solicitors’ Inheritance Disputes Team In the recent decision of Rittson-Thomas v Oxfordshire County Council, 2019 EWCA Civ 200 the Supreme Court decided that Oxfordshire County Council were at liberty to retain the proceeds of sale from a plot of land used for Nettlebed School, conveyed to […]

Hospice money fraudulently spent by daughter

Willowbrook Hospice was defrauded of approximately £20,000 from Patricia Eden’s estate, after her daughter Deborah Nilsson spent the money on a new kitchen, bathroom and family holiday. The fraud came to light when Ms Nilsson’s daughter reported her. During the trial at Liverpool Crown Court, Ms Nilsson explained that her mother had changed her mind […]

Probate practitioner reprimanded in £20k ‘gift’

Ben Moore has been banned from the probate profession after failing to declare a gift of £20,000 from a 92-year-old client. A decision notice from the Solicitors Regulation Authority (SRA) showed that Mr Moore had been instructed by the client in 2016 to draft a Will and repeatedly helped the same client on multiple different […]

Payout agreed for George Michael’s ex after suing estate

Kenny Goss, the ex-partner of Wham singer George Michael has agreed a deal with George’s family after suing the estate for £15m a month out of his £98m estate. Mr Goss reportedly gave up his career as an art dealer to care for Mr Michael during their 13-year relationship. Mr Goss sued his ex-partner’s estate […]

Your mother’s will has been forged by your sister – what do you do?

Is your loved one’s Will not what you expected? Are there unexplained large gifts?  Does one of the beneficiaries seem an unusual choice? Are the terms substantially different from their previous Will?  If so, then you may consider challenging the Will, on a number of possible grounds, including forgery.  However, allegations of fraud are extremely […]

Clitheroe v Bond – lessons on testamentary capacity

and the importance of good advice at the outset of a claim Alison Parry, Partner at JMW Solicitors, discusses testamentary capacity and the recent judgment that demonstrates 150-year old law is as relevant as ever. On 21 May 2020, judgment was handed down on the sad but interesting case of Clitheroe v Bond. Permission was […]

Miles v Shearer [2021] EWHC 1000 (Ch) – Put away your ‘chequebook’

The recent high-profile case of Miles v Shearer demonstrates that the court will not make an award for financial provision for an adult child where it considers they are not in financial need even where there is a large estate. This case concerned the two, adult daughters of Tony Shearer who sadly died from an […]

Unlawful killing and justice after acquittal – what can the law do?

In R v McPherson on 17 March 2021 at the end of the prosecution case Goose J directed an acquittal of Donald McPherson who had been indicted for the murder of his wife, Paula Leeson, in 2017. In giving his reasons he said that although at this stage it seemed likely that McPherson was the […]

Contentious Probate:  When Beneficiaries Cannot Agree

Stephanie Kerr from Brabners LLP discusses the steps which might be taken when beneficiaries cannot agree… Many private client solicitors will have come across estates where one or more of the beneficiaries cannot agree on an issue that, in the grand scheme of things, is disproportionate.  Sometimes, it becomes necessary for the executors to issue […]

Trusts in Wills: The work involved when a Trust is activated on death

Free webinar: ‘Trusts in Wills: The work involved when a Trust is activated on death’ Kings Court Trust’s experienced Technical Manager, Nigel Merchant, is back by popular demand on Wednesday 12th May at 1pm to discuss the work that can be expected when a Trust is activated on death. More specifically, Nigel will cover: Property […]

Inter-generational Wealth Transfers

Kings Court Trust’s Chief Revenue Officer, David Masterton, writes about intergenerational wealth transfers. Between 2017 and 2047, £5.5 trillion is expected to pass from generation to generation, which makes intergenerational wealth transfers one of the biggest threats and opportunities facing the financial services industry. If Financial Advisers do not act, they are at risk of […]

Oxfordshire Council awarded land gifted by Robert Fleming for school use by UK Supreme Court

In a landmark ruling, the UK Supreme Court has awarded Oxfordshire Council private land, which was left to the Parish of Nettlebed in the early 20th Century to be used as a school. This ruling was made despite the council closing the school over a decade ago. Under s.2 of the Schools Sites Act 1841 […]

Secret trust not made rules Court

The England and Wales High Court (EWHC) ruled that the late owner of a valuable collection of jewellery did not create a secret trust, in which her niece would inherit the pieces, despite the deceased expressing wishes to that effect (Titcombe v Ison, unreported, ChD, 28 January 2021). Upon her death, the deceased – Ms […]

Contentious Probate Claims – a working case example

Ally Tow, a Senior Associate at Boyes Turner explores some of the challenges and obstacles that litigators dealing with contentious probate claims face by looking at an example of a case she was involved in a few years ago where the estranged daughter of a testator made a claim under the Inheritance (Provision for Family […]

Daughter wins legal battle to administer mother’s estate

A daughter has been given permission to administer her mother’s estate after a legal battle with a professional executor ended with the High Court refusing their application to appeal. Leading national law firm Irwin Mitchell was instructed by the client in relation to her mother’s estate, who wrote a will in 2011 and passed away […]

Daughters lose court battle over £7m fortune

Two daughters have lost a court battle which pitted them against their step-mother after being cut out of their father’s inheritance when he died. Tony Shearer was referred to as “The Chequebook” by  his daughters Juliet Miles and Lauretta Shearer. Mr Shearer sadly passed away in 2017, with almost all of his fortune being left […]

Late mother’s wishes upheld despite dispute over incapacity

A judgment in favour of a woman, over her mother’s will has been upheld despite her brothers challenging their late mother’s wishes saying she lacked capacity (Rea v Rea, 2021 EWHC 893 Ch).  The appeal had been lodged by her three brothers against their sister Rita Lea on the grounds that Deputy Master Arkush conducted […]

In the Matter of The Court of Protection v The Pandemic

Beverley Beale, Court of Protection Panel Deputy and Associate at Weightmans LLP, talks about the impact the pandemic has had on those with impaired decision making capacity and the Court of Protection. The last 12 months have been extraordinarily challenging for us all and have seen the legislative imposition of far-reaching kerbs on our basic […]

Salutary Lessons for Will Writers : Lessons from the Courts

Claire Cox, a solicitor in the Dispute Resolution team at Hedges Law, has a special interest in inheritance disputes and discusses how Will writers can protect themselves from potential claims. Inheritance claims and probate disputes continue to rise, and with that, so does the cost of professional indemnity insurance. So how can will writers protect […]

Holograph will is found invalid during probate battle

The probate for a holograph will has been revoked, following a virtual court hearing at the England and Wales High Court, in which a potential witness revoked their affidavit. A handwritten will, detailing the last will and testament of Professor Robert Whalley was dated on 3rd May 2018, two months before he passed away. In […]