John is the Head of the firm’s Contentious Trusts and Probate team at Forbes Solicitors. John is an experienced probate litigation solicitor and has a proven track record of successfully resolving disputes. Designated a “rising star” by the Legal 500
John.lambe@forbessolicitors.co.uk
01772 220 235
Wilkinson v Kirkham demonstrated the court’s modern approach to the interpretation of ambiguous wording. John Lambe explores the court’s approach and explains the impact on practitioners. The High Court’s recent decision in Wilkinson v
John Lambe navigates the tricky landscape of insolvent estates, setting out some common mistakes and explaining how to deal with them. Insolvent estates are far from rare. Current data suggests that around one in
A recent High Court decision provides a useful reminder for private client lawyers and wealth advisers about the potential scope of claims under the Inheritance (Provision for Family and Dependants) Act 1975, particularly in relation
A recent High Court case, Smith v Campbell & Others (2025), provides important lessons for private client lawyers dealing with trust disputes. The case involved the administration of a family trust set up by Graham
When HHJ Russen KC handed down his judgment in Jenkins v Evans [2025] EWHC 2438 (Ch), it didn’t just close a four-year family feud over a modest Wiltshire estate – it reaffirmed several cornerstones of
The High Court has handed down an important judgment in Ivey & Ors v Lythgoe & Anor [2025] EWHC 2325 (Ch), which will interest all practitioners handling contentious probate and advising on will preparation. Background
Modern families are increasingly complex, yet succession law remains rigidly traditional. Stepchildren have no automatic rights of inheritance, and second families are often unintentionally excluded – particularly where wills are outdated or intestacy rules apply.
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA) are on the rise – and often land on the desks of executors and beneficiaries who were never expecting a legal dispute. For
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
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
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
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 abuse
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
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
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
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
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 claim
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 to
