Disputed inheritance leads to restraining order

Country home in Wiltshire

A court has imposed a restraining order on a daughter after her inheritance was placed into a family trust sparking tension in the family.  Genevieve Oriel has been restricted from seeing her elderly mother, Hilda Maunsell, for a period of five years after a court ruled her behaviour had been “persistent, intentional, and caused frustration”, […]

Estate planner banned from profession after falsely witnessing LPA

false witness of lasting power of attorney

An estate planner has been banned from the profession after admitting to falsely witnessing the signatures of a donor and two attorneys to a lasting power of attorney (LPA), rendering it invalid. Ian Heslop, who was working as self employed estate planning consultant at Co-Operative Legal Services (CLS) at the time, has admitted gross misconduct […]

Grave Robbers; probate researchers’ role underplayed in BBC podcast

Grave Robbers podcast and probate researchers

The hit BBC podcast Grave Robbers, part of the Shadow World series, has brought to public attention a little known fraud where criminals have been using the Bona Vacantia list to identify vacant and unclaimed estates, producing fraudulent wills and submitting them to be awarded grant of probate. Once the criminals have the grant, they […]

Standish v Standish – how a landmark separation shows the importance of collaboration and fairness

Putting Standish v Standish into practice

The Supreme Court’s decision in Standish v Standish brings long-awaited clarity to the treatment of non-matrimonial assets on divorce – welcome news for family lawyers, tax advisers, and estate planners. How did we get here? Mr Standish entered the marriage with substantial pre-acquired wealth. In 2017, following estate and tax planning advice, he transferred investments worth £77.8 […]

Disputed will centre of claim to car boot mogul’s fortune

Richard Scott, car boot ales

A disinherited son is taking his claim to London’s High Court for a share of his £43m estate after claiming his father was unable to properly execute his final two wills due to dementia.  Richard Scott’s estate is at the centre of a battle between his eldest son Adam Scott and Jennifer Scott, Richard’s second […]

£14.5m High Court trust dispute arose over biological status of son

A court battle between between two siblings who found out in adulthood one was the product of an affair are to share a £14.5m trust fund after a High Court judge ruled the intention of their father’s will was to include his ‘children’ regardless of their biological relationship to him.  Stuart Marcus had built a […]

No timeline for unclaimed Estates list to be re-published

Bona Vacantia List

The Government Legal Department have said there is no timeline on when the Bona Vacantia list will be available again online on GOV.UK after it was taken down earlier this week.  On Monday, the unclaimed Estates list published by the government was taken down following an expose detailing how fraudsters are exploiting gaps in the […]

Delays could leave infected blood scandal victims liable for IHT on compensation payments

Infected blood scandal secondary transfer

Delays in compensation payments to victims of the infected blood scandal means some families are facing unexpected inheritance tax bills in a technicality known as ‘secondary transfer’ after payments to families of victims who have died are treated as part of their estate.  The issue was flagged by the Association of Lifetime Lawyers (ALL) and […]

High court rules will was forgery to disinherit daughter

Mosammat Khatun and Shamin Hassan

A disputed will has been found to be a forgery in a high court decision after the death of Mr Monir Jaman Shaikh in April 2020 sparked a series of events which ultimately saw his only daughter disinherited. The case was brought by Mrs Mosammat Shapna Khatun whose father, Mr Shaikh, had apparently disinherited his […]

MPs vote in favour of historic assisted dying bill

MPs have voted in favour of the Terminally Ill Adults (End of Life) Bill which would in certain circumstances legalise assisted dying in England and Wales.  After some last minute concerns by those in favour of the cause, the bill passed with a majority of just 23 votes with 314 MPs voted for the bill […]

Assisted dying could be delayed until 2029

The Terminally Ill Adults (End of Life) Bill, the private member’s bill brought forward by MP Kim Leadbeater to legalise assisted dying, could be delayed until 2029 following concerns it is ‘unworkable.’ Spen Valley MP Leadbeater has championed the cause, introducing the bill in October 2024. But the timelines for its introduction could now be […]

Uno flatu: a double process in one breath

Uno flatu: a double process in one breath

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, Deputy Master Dray considered the point in Equiom v Velarde [2021] EWHC 1528 (Ch) and the decision on appeal […]

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