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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...
In recent articles, we have looked at the cases of Banks v Goodfellow and Hawes v Burgess when considering mental capacity and lacking knowledge and approval as a ground for challenging the validity of a Will. Another key case is Tociapski v...
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...
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...
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...
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? The...
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,...
