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Jordan Davies
 

How to know if a Will has been executed properly - considering lack of due execution

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When considering a Will, it is important to first check whether it has been executed properly as if it has not been properly executed then the Will is invalid and the terms therein have no effect. Valid execution of a Will includes the following:...

Can an executor challenge a Will?

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When a someone drafts their Will, they frequently appoint people close to them to be an executor. This is often done as the testator (person making the Will) trusts this person to action the terms of their Will, administer their estate and carry out...

How to defend an Inheritance Act claim

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Under the terms of the Inheritance (Provision for Family and Dependents) Act 1975 (the Act), certain categories of people are able to bring claims against a person’s estate following their death. Such claims can be distressing and upsetting for...

Can I make a claim under the Inheritance Act?

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The Inheritance (Provision for Family and Dependents) Act 1975 ('the Act') provides an opportunity for a small category of individuals to bring a claim against the estate of someone who has died. Who can bring a claim under the Act?...

Mental capacity - a case law review - Hawes v Burgess

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This week we are considering another case where the courts considered the mental capacity of a testator. We have also considered the case of Banks v Goodfellow where the court provided us with the golden rule. We will now be considering the case of...

Mental capacity - a case law review - Banks v Goodfellow

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When an individual is making important life decisions, it is vital to ensure that they are in the right frame of mind to do so, and hold the appropriate mental capacity at the time. It is also important to ensure that they fully understand their position...

The Presley inheritance dispute - what is going on?

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On 12 th January Lisa Marie Presley, daughter of Elvis Presley, and his ex-wife Priscilla Presley, sadly died at the young age of 54. She died in hospital following a sudden cardiac arrest. Following Lisa Marie’s death, her mother Priscilla has...

How do I choose the right contentious probate solicitor for me?

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Since 2018, the number of law firms offering services in contentious probate has doubled and it is predicted that it will grow further still. With so many firms now providing this service, how do you decide which is the right law firm for you? As...

What are the rules of intestacy?

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When someone dies without a Will, their estate is distributed in line with the rules of intestacy. But what does this mean? The rules of intestacy provide a succession of people who will inherit from the estate. The following is a brief summary of how...

Should revisiting your Will be your new years resolution?

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More people than ever before are now challenging Wills and making claims against estates, meaning that it has become more important than ever to ensure everything that you have implemented is still fit for purpose. Or if you haven’t put anything in...

How can I challenge a Will?

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The death of a loved one can be a difficult time. Family members are often left to arrange funerals and to ensure that the deceased’s affairs are put in order. It is important to family members to fulfil the deceased’s wishes. On occasion,...

What is contentious probate?

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Contentious probate is a term that is being used more frequently than ever before. As an area of law, it is growing significantly and has started to become an integral part of many law firms. But what does contentious probate actually mean? The meaning...

Challenging the validity of a Will - What is a Larke v Nugus request?

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First things first…Larke v Nugus is a court case where a beneficiary of a Will fell into dispute with the executor of the estate, as a result of the executor’s refusal to provide them with a copy of the Will. An executor will always be...

How do I get a copy of someone's Will?

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When someone dies, leaving a Will, there are often different categories of people who would like to see a copy of the testator’s Will. But it isn’t always as simple as asking for a copy, as less people than you would expect are actually...

What happens if an executor fails to follow the terms of a Will?

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Being appointed an executor under a Will is an important role but it can also be thankless task at times. Executors are subject to several duties, with the most important being to act in the best interest of the estate and it’s beneficiaries. An...

Case law examples - lack of due execution of a Will

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Following on from our last article - How to know if a Will has been executed properly – considering lack of due execution - we are now looking at some case law examples. Looking at past case law helps us consider real life cases and how the...

What is my role as an executor in an estate dispute?

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A claim against an estate will always involve the executor of the estate. If the deceased left a Will, then the Will should state who has been appointed as the executor(s). If the deceased died without a Will, also known as dying intestate, then there will...

Disputing a Will - practical considerations

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When a loved one dies, it is a difficult time for everyone. So when issues arise in relation to the Will and inheritance, tensions can run high. It is therefore very important to consider whether challenging a Will is the right decision for you. Before...

Grounds for challenging a Will

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The death of a loved one can be a difficult time. Family members are often left to arrange funerals and to ensure that the deceased’s affairs are put in order. It is important to family members to fulfil the deceased’s wishes. On occasion,...