What is undue influence? It is possible to have a Will set aside on grounds that it was procured by means of undue influence. This is the idea that a testator has been influenced by Read More
What is undue influence? It is possible to have a Will set aside on grounds that it was procured by means of undue influence. This is the idea that a testator has been influenced by Read More
With an increasing ageing population, financial abuse is depressingly common. Sometimes it is picked up during the victim’s lifetime and, if they lack capacity, the Court of Protection may become involved. However, often financial Read More
Recovery of Success Fees in the context of claims for
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
Decisions made by trustees often become acrimonious and can even evolve into claims for breach of trust and for the removal of the trustees. Fixed Interest Trusts The trustees of a fixed interest trust do Read More
Spousal claims under the Inheritance (Provision for Family and Dependants)
It is often said that a spouse is a favoured applicant under the Act because: the level of provision is such financial provision as it would be reasonable in all the circumstances for a spouse Read More
Avoiding disputes about digital assets after death
A Populus survey commissioned in June 2020 by the Law Society found that just 26% of respondents know what happens to their digital assets after they die. Of those surveyed who have a Will, an overwhelming 93% had Read More
Personal Representatives – Protection and Relief from Liability
Personal representatives are exposed to liability in several situations. In this short article I will describe how personal representatives can protect themselves from liability. Claims of unknown beneficiaries/creditors A personal representative can face a Read More
Will Remote Witnessing of Wills Increase Will Disputes? We’ve seen a huge influx in the number of people wanting to make a Will during the Coronavirus pandemic, but many have been finding it tricky Read More